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Customs Cannot Replace Declared Export Value with Higher Market Price Without Justification

Case Law Details

Case Name
S.K. Sarawagi & Co. Pvt Ltd Vs Commissioner of Customs (CESTAT Hyderabad)
Date of Judgement/Order
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S.K. Sarawagi & Co. Pvt Ltd Vs Commissioner of Customs (CESTAT Hyderabad) The appeal concerned the valuation of iron ore fines exported by the appellant through two shipping bills in October 2010 under a contract with a buyer in Hong Kong, China. The goods consisted of 10,500 WMT of iron ore fines with 61% Fe content and a declared unit price of USD 115 PDMT FOB. The declared value was provisionally assessed pending test results and final documentation. During finalization of assessment, the adjudicating authority held that the declared price varied from contemporaneous export prices and a...
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Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 17,290

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