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2006 (3) TMI 515 - AT - CustomsValuation - Enhancement of value - transaction value under Rule 4 - ‘declared value’ - HELD THAT:- We are of the considered view that the apex Court’s ruling in Eicher Tractors [2000 (11) TMI 139 - SUPREME COURT] was rightly followed by ld Commissioner (Appeals) in the present case. The subject goods were imported in terms of a contract indicating USD 13.50 as the unit price agreed between the contracting parties. The import was made within the contracted period. The department has no case that any amount over and above the contracted price was paid by the importer to the supplier, nor is it their case that the importer was “related” to the supplier or that the price paid was influenced by any extra-commercial considerations. In the circumstance, there is no valid reason to reject the transaction value of the goods under Rule 4(1) read with Section 14. This is particularly so, as the appellant has not established that any of the special circumstances particularised under Rule 4(2) existed in this case. Declared value - What was declared in the Bill of Entry was USD 13.5 per kg. But, subsequently the assessee agreed to a marginal enhancement to USD 13.94 per kg. Thus the declared value stood modified as USD 13.94 per kg. on account of the assessee’s voluntary acquiescence. It was this value (USD 13.94 per kg.) which has been accepted by the lower appellate authority as the basis of the assessable value of the goods. In view of the apex Court’s ruling in Eicher Tractors [2000 (11) TMI 139 - SUPREME COURT] and the Tribunal’s decision in Andhra Sugars [2005 (6) TMI 185 - CESTAT, BANGALORE] and Agarwal Industries [2005 (8) TMI 225 - CESTAT, BANGALORE], we have to sustain the order of learned Commissioner (Appeals). In the result, the Revenue’s appeal gets dismissed.
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