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2014 (11) TMI 164 - AT - CustomsValuation of goods - enhancement of the value of the goods is primarily done on the ground of mis-declaration in the Bills of Entry and consequently based upon the market inquiry - Held that:- Careful reading of the offer, acceptance of the ultimate sales, lead us to come to a conclusion that offer is for limited period and that the same was for the stock lot of goods of various sizes and various models. There is nothing in the said document to show that the goods were of prime quality goods or were of latest models. On the contrary, we find that the appellant had declared the correct quantity, the correct size and the correct brand in the bill of entry. The value of the stock lot goods has to be done on a contract basis entered into between the supplier and the importer - there is no mis-declaration of goods. Rejection of transaction value - Held that:- Mere doubt, without any reason or rhyme cannot be made the basis for rejection of the transaction value, without any reasonable and justifiable evidence. This has been the subject matter of various decisions of the Tribunal as also of various High Courts. One such reference can be made to Radhey Shyam Ratanlal V/s. Commissioner of Customs Raigadh [2005 (7) TMI 196 - CESTAT, NEW DELHI]. It stands held in the said decision that doubt of the proper officer about transanction value are irrelevant, which has to be accepted in terms of provisions of Section 14 of the Customs Act, 1962 unless exceptions under erstwhile valuation Rule 4(2) of the valuation rules are applicable-Reliance was again placed on Supreme Courts decision in the case of Eicher Tractors [2000 (11) TMI 139 - SUPREME COURT OF INDIA]. Goods were stock lot goods of various models and were offered for sale on ‘as is whereas basis’ and subject to the conditions that the importer books up the entire goods within the stipulated period up to December, 2010. Further on being queried by the AC, the appellant clearly wrote back that as the goods are of various models and various brands and were manufactured in various countries in terms of the agreement between the brand name owners, it is not possible to give the brands, country of original, the model numbers etc. of each and every LCD TVs. In such a scenario, reliance by the Commissioner (Appeals) on the provisions of Explanation (1) (iii) (d and e) of Rule 3(2) of the Customs Valuation Rules is not proper. The said provisions of law are invokable only when the proper officer has some doubt on the truth or accuracy of the value based on certain reason which may include the mis--declaration of goods in parameters such as description, quality, quantity, country of origin, year of manufacture or production. As already observed by us, the goods being stock lot, it was neither possible nor practical for the importer to declare the country of origin or year of manufacture of each and every piece. This non possibility already stand intimated to the AC, even prior to the import of goods. Otherwise there is no mis-declaration in respect of description, quantity or brand of goods - Decided in favour of assessee.
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