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Supreme Court of India 2023-10-06 dismissed

(IMPORTS), MUMBAI vs M/S GANPATI OVERSEAS THROUGH ITS

Bench: 2 — B. V. Nagarathna, Ujjal Bhuyan

In Brief

M/s Ganpati Overseas imported tuners from Hong Kong. The customs department alleged under-valuation of goods to evade duty, relying on export declarations and confessions obtained under duress. The CESTAT set aside the enhancement, noting that photocopies of export declarations lacked evidentiary value and the supplier later filed corrected declarations. The Supreme Court upheld CESTAT's decision, holding that the department must prove under-valuation through credible evidence of contemporaneous imports at higher prices. Mere reliance on unattested photocopies and retracted statements obtained under coercion cannot justify rejecting the declared invoice price or invoking Rule 8 of the Customs Valuation Rules without following the prescribed sequential procedure.

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Customs Law Valuation of Imported Goods Customs Duty Assessment Evidence in Customs Proceedings Statements recorded under Customs Act Burden of Proof Administrative Law Customs Valuation Rules

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