Rejection of declared value without examining contemporaneous NIDB data is unsustainable

KVS Traders Vs C.C. (CESTAT Ahmedabad)

CESTAT Ahmedabad held that rejection of declared value in terms of rule 12 of the Customs Valuation Rules, 2007 solely on the basis of various letters of different authorities without examining contemporaneous NIDB data is unsustainable in law.

Facts- The Appellant had imported “PU Coated Fabric” from china and declared the transaction value as USD 0.82 Per Square Meter. The said declared transaction value was rejected. Assessment value was done USD 0.86 as Per Square Meter.

The Assessing officer raised query that value appears at lower side as compared to the NIDB data of similar imports at other ports and also contemporaneous import at the same port.

Commissioner (A) has uphold the order concluding that once the enhanced value has been accepted and duty has been paid by importer than the assessment cannot be challenged.

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