Commr. of Customs v. South India Television (P) Ltd.

Commr.of Customs (Import) Mumbai vs. M/S Ganpati Overseas Thr. Its Proprietor Shri Yashpal Sharma

Bench: HON'BLE MRS. JUSTICE B.V. NAGARATHNA

…s and not for determining the price at which the goods are ordinarily sold at the time and place of importation. CESTAT referred to and relied upon the decision of this Court in Commissioner of Customs, Calcutta Vs. South India Television (P) Ltd., (2007) 6 SCC 373 wherein this court held that the burden lies upon the department to prove under valuation by evidence or information about comparable imports and if the charge of under valuation is not supported by such evidence or information, the benefit of doubt has to be given to the importer. On the basis of the aforesaid decision, CESTAT recorded that…

Commissioner of Income Tax- IT and TP vs. M/s. Louis Berger International Inc

Bench: P.SAM KOSHY,LAXMI NARAYANA ALISHETTY

Commissioner of Income Tax-II vs. M/s. Andhra Pradesh Mineral Development Corporation Ltd

Bench: P.SAM KOSHY,LAXMI NARAYANA ALISHETTY

Principal Comnr. of Income Tax, Sambalpur Range vs. M/S. Tata Sponge Iron Ltd

Bench: MR. JUSTICE ARINDAM SINHA,MR. JUSTICE SANJAY KUMAR MISHRA

Commissioner of Central Excise and Service Tax Noida vs. M/S Sanjivani Non Ferrous Trading Pvt Ltd

The appeals are dismissed in terms of the

Bench: HON'BLE MR. JUSTICE A.K. SIKRI

…the basis of price which is actually paid and treat the same as assessable value/transaction value of the goods. This, ordinarily, is the course of action which needs to be followed by the Assessing Officer. This principle of arriving at transaction 2(2007) 6 SCC 373 3(2010) 10 SCC 576 4(2012) 1 SCC 186 8 value to be the assessable value applies. That is also the effect of Rule 3(1) and Rule 4 (1) of the Customs Valuation Rules, namely, the adjudicating authority is bound to accept price actually paid or payable for goods as the transaction value. Exceptions are, however, carved out and enumerated…

The Commnr. of Customs(Gen) Mumbai vs. Abdulla Koyloth

The appeal is allowed, and the matter is remitted back

…Rule 8 provides that the transaction value can be determined by using reasonable means consistent with the principles and general provisions of these Rules and sub-section (1) of Section 14 of the Act and on the basis of data available in India. 6 (2007) 6 SCC 373 7 (2005) 3 SCC 265 1 16. In Varsha Plastics Private Limited (supra), this Court while dealing with a similar situation where the importer had misdeclared in terms of value, description and quality of the imported goods, had held that: “It has to be kept in mind that once the nature of goods has been misdeclared, the value declared on the impor…