Case Law Details
Diamond Industries (SBD) Vs Commissioner of Customs (CESTAT Ahmedabad)
CESTAT find that the controversy at hand narrows down to the question whether the transaction value of the vessel is to be price mentioned in the original MOA or the reduced price indicated in the addendum. We are of the opinion that in light of the statutory provisions, the factum of actual payment of the price in terms of the addendum cannot be ignored while determining the value of the vessel under Section 14 of the Act. We may, however, hasten to add that in such a situation the genuineness and the necessity of reduction in the price are required to be scrutinised very carefully. In the instant case, the Ld. Commissioner (Appeals) has not examined the genuineness of the addendum, and has proceeded to reject the appeal of the appellant. We may, however, add that the Commissioner (Appeals) did not examine the cogency of the reasons for price reduction.
For all these reasons, we are of the opinion that the Commissioner (Appeals) needs to examine the matter afresh. Accordingly, the impugned order is set aside, and the matter is remitted back to the Commissioner (Appeals) for fresh consideration, particularly in relation to the genuineness of the addendum entered into between the appellant and the supplier. All the issues are kept open. Appeal is allowed by way of remand to the Commissioner (Appeals).
FULL TEXT OF THE CESTAT AHMEDABAD ORDER
This appeal arises against an Order-in-Appeal No. JMN-CUSTOM-000-APP-001-14-15 dated 10.04.2015 passed by the Commissioner of Customs (Appeals), Jamnagar.
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