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2019 (5) TMI 1472 - AT - CustomsValuation of imported goods - rejected of declared value - Mis-declaration of value of the imported goods - the item declared as Drill machine-I (600 pcs.) was actually concrete Vibrator to two different sizes i.e. 300 Pcs of 1 meter and other 300 Pcs. of 1.5 meter - seizure u/s 10 of the Customs Act, 1962 - Department has not produced any record of contemporaneous import or even the price data from the National Import Data Bank being maintained by the Customs Department. HELD THAT:- The assessing authority has rejected the transaction value on the ground of mis-decloaration regarding drill machine-I. The assessing officer has also concluded that the assessable value appeared to be low and the value was enhanced item wise - the assessing officer has enhanced the declared value on the ground that those are not inconsonance with the current market price of similar goods being sold in the Indian market. However, the adjudication order does not indicate as to how and where the market survey has been conducted and also how the transaction value has been rejected without following the Valuation Rules. It is a fact that the appellant has accepted the enhanced value and paid the differential duty, but only for the reasons that the consignment was incurring a heavy demurrage and detention charge by the custodian. Therefore, the acceptance of enhancement of the price by the department is not at their own volition but under compulsion so as to avoid heavy demurrage and detention charges - If any transaction value is to be rejected by the assessing officer it has to be done under the provisions of Section 14 of the Customs Act read with Customs Valuation Rule 2007. No such exercise has been undertaken by the adjudicating authority and also by learned Commissioner (Appeals), while passing the impugned order. Appeal allowed - decided in favor of appellant.
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