Case Law Details
Surya Exim Limited Vs C.C. Ahmedabad (CESTAT Ahmedabad)
CESTAT Ahmedabad held that rejection of transaction value and enhancement of assessable value has to be on the basis of some evidence on record. Rejection of transaction value in absence of any evidence is untenable in law.
Facts-
The appellant had imported 400.5 MTs Suspension grade PVC Resin Off Grade/ Wet Venilen 140/145/150 imported from Venezuela and filed Bill of entry No. 920/0910 dated 11.03.2010. It was noticed by the department that the appellant–importer has not submitted a chemical analysis report in respect of the PVC resin imported even though the consignment was declared to be “off grade and wet”. Further the goods imported were found to be PVC resin but without any marking “off grade or wet” on any of the bags. Also, as per the packing list, the goods are packed in the uniform packing of 25 Kg bags whereas on physical verification, the impugned goods were found packed in Jumbo bags of 600 Kgs each without any making and weight details, thus the consignment was not as per the packing list.
Appellant was issued a show cause notice proposing to demand differential duty, as also to confiscate the goods under Section 111(d) and (m) of the Customs Act for misdeclaration of description and value and to impose a penalty on them under Section 112(a) and 114A of the Act.
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