2026-VIL-785-CESTAT-ALH-CU

CUSTOMS High Court Cases

Customs - Mis-declaration of quantity and value of imported goods - Appellant imported consignments of computer cabinet cases that were found to be old, used, and incomplete systems. The Customs authorities rejected the declared description and value, and re-determined the assessable value based on a Chartered engineer's report - Whether the authorities were justified in re-determining the value and description of the imported goods – HELD - The authorities did not provide sufficient evidence to justify the re-determination of the value. The Chartered Engineer's report did not have adequate supporting evidence to substantiate the higher value of USD 25 per piece adopted by the authorities. Additionally, the imported goods, consisting of only a computer cabinet case with a motherboard and fan, cannot be classified as an incomplete or unfinished computer system, as they lacked the essential component of a Central Processing Unit (CPU). In the absence of any technical opinion placed on record by the revenue, the importer's declaration could not be brushed aside - The impugned order is set aside and the appeal is allowed - Classification of imported goods as incomplete computer systems - The customs authorities classified the imported goods as incomplete or unfinished computer systems, based on the Chartered Engineer's report - Whether the imported goods, consisting of computer cabinet cases with motherboard and fan, can be classified as incomplete or unfinished computer systems – HELD - The authorities did not record any reasons for concluding that the imported goods were incomplete or unfinished computer systems. The Chartered Engineer had used the terms "computer cabinet cases" and "bare bone systems" interchangeably, without any clear technical opinion. The computer cabinet case with just a motherboard and a fan cannot be considered an unfinished or incomplete system, as it lacks the essential component of a Central Processing Unit (CPU). Without any technical evidence placed on record by the revenue, the importer's declaration of the goods could not be rejected.

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