Case Law Details
Mydream Properties Pvt. Ltd Vs Commissioner of Customs (CESTAT Mumbai)
Revenue has not made out any case of mis-declaration and consequential undervaluation. Therefore, we find no merit in the re-determination of the value of the yacht and confirmation of differential duty thereon.
Facts-
The appellant had imported the goods, described as “Brand New Azimut 68 Motor Yachtwith Accessories” from Italy and filed the BOE for duty assessment and clearance of the said imported consignments. The BOE was recalled and an examination was conducted by the officers of the Central Intelligence Unit (CIU). The BOE in question was provisionally assessed for want of the relevant import documents.
Based on detailed investigation, the department had concluded that the importer had mis-declared the description of the imported goods in respect of its model as well as actual value, which resulted in evasion of legitimate customs duty payable on higher import price for the imported goods yacht of model ‘Azimut 68 Evolution’, instead of model ‘Azimut68’, as declared in the subject BOE.
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