Case Law Details
Gypsie Impex Vs Commissioner of Customs (CESTAT Chennai)
In a recent case before the Commissioner of Customs, Chennai, concerning Gypsie Impex, the Central Excise and Service Tax Appellate Tribunal (CESTAT) Chennai delivered a significant ruling, shedding light on the limitations of relying solely on National Import Database (NIDB) data for the re-determination of value.
The crux of the case lies in the appeal against the Order No.5/2013 dated 28.01.2013 issued by the Commissioner (Appeals), Trichy. The appellant, Gypsie Impex, contested penalties imposed by the adjudicating authority, challenging the re-determination of value based on NIDB data.
The appellant had filed Bill of Entry No. 2708858 dated 03.02.2011 for the clearance of 1337 cartons of ‘Deodorants’, declaring the value as Rs.16,27,025/-. However, customs officials found discrepancies during examination, leading to allegations of misdeclaration and violation of import regulations.
Key contentions presented by the appellant’s counsel include the argument that the impugned order lacked legal sustainability, citing procedural irregularities and failure to consider binding judicial precedents. They emphasized the transaction value as per invoice and criticized the reliance on NIDB data for value reassessment.
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