Nilkamal Limited Vs Commissioner of Customs (Imports) (CESTAT Mumbai)
CESTAT Mumbai held that determining value of furniture on the basis of weight is not justifiable since furniture is never ever sold by weight. Accordingly, revision in assessable value set aside and appeal is allowed.
Facts- The present two appeals of M/s Nilkamal Limited stem from two sources of import – one being three consignments from Malaysia between 13th September 2012 and 11th October 2012 and other being ten consignments from China between 17th September 2012 to 12th November 2012 – in which the ‘proper officer’, by recourse to empowerment under section 17(4) of Customs Act, 1962, revised assessable value as provisioned in rule 5 of Customs Valuation (Determination of Value of Imported Goods) Rules, 2007 consequent upon rejection of the declared value in exercise of authority under rule 12 of Customs Valuation (Determination of Value of Imported Goods) Rules, 2007.
The goods in question were diverse items of ‘wooden furniture’ in bills of entry impugned in both notices and ‘sofa sets’ in one notice and the rejection of declared value was purportedly prompted by lack of comparability with contemporaneous imports, which, apparently, had been communicated to the importer vide letter dated 29th October 2012.
