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Supreme Court of India 2018-12-10 dismissed

Commissioner of Central Excise and Service Tax, Noida vs Sanjivani Non

Bench: 2 — A.K. Sikri

In Brief

The respondent imported aluminum scrap and declared the transaction value for customs duty purposes. The Assessing Officer rejected the declared value and enhanced it without providing proper reasons or evidence that the declared price was not the sole consideration for the transaction. The Tribunal allowed the respondent's appeal and restored the declared value. The Supreme Court dismissed the Revenue's appeal, holding that under the Customs Act, assessable value must ordinarily be the price actually paid. The Assessing Officer can reject this only with cogent reasons, contemporaneous evidence of higher-priced comparable imports, and proof that the declared price was not the sole consideration. Since the Assessing Officer failed to undertake this required exercise, the rejection was erroneous.

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Customs Law Valuation of Imported Goods Assessable Value Transaction Value Administrative Law

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