Redetermination of value under Custom without rejecting transaction value cannot be sustained

Hewlett Packard Sales Pvt. Limited Vs Principal Commissioner of Customs ACC (Import) Commissionerate (CESTAT Delhi)

CESTAT Delhi held that re-determining the value under residual provisions of rule 9 of the Customs Valuation rules without rejecting the transaction value is not sustainable in law. Accordingly, appeal allowed.

Facts- HP India imported the QR CDs from M/s Mentor Media Ltd., Singapore⁶ and cleared them under various Bills of Entry declaring its transaction value as the value of the CD. This value included only the cos

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