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2021 (9) TMI 1338 - HC - CustomsValuation of imported goods - evidence to show that transaction value was wrong, present or not - misdeclaration of quantity/ Thickness as well as value of imported goods - statement recorded under Section 108 of the Customs Act, 1962 is justified/ legal or not - HELD THAT:- Perusal of the order of the Tribunal and the order in original reveal that at one stage revenue sought enhancement of value of goods citing earlier transaction performed by the assessee at a higher value of 300 dollars per CBM. The present transaction was valued at 200 dollars per CBM - the discrepancy was explained by the assessee on the basis of urgent clearance in the earlier transaction. Undisputedly, other than the mere discrepancy noted by Revenue Authority, there does not exit any material as may warrant rejection of valuation of goods. Merely because there exists an alert circular and enabling power under Rule 12 of the Valuation Rules as may allow the Revenue Authority to disbelieve the valuation in a given set of circumstances, it cannot be cited as a matter of fact to disbelieve the valuation. Disbelieving the valuation would have serious consequence. The initial burden rests on the revenue. In absence of any material or evidence as may suggest any perversity in the order of the Tribunal, there are no merit in the appeal - appeal dismissed.
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