TMI Blog2006 (3) TMI 515X X X X Extracts X X X X X X X X Extracts X X X X ..... icularised 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. - S/Shri P.G. Chacko, P. Karthikeyan, JJ. REPRESENTED BY : Smt. R. Bhaghya Devi, SDR, for the Appellant. Shri Habibullah Basha, Sr. Advocate, for the Respondent. [Order per : P.G. Chacko, Member (J)]. The respondents had imported 9095 kgs. of what was declared as mulberry raw silk (3A) (4A) grade of Chinese origin and filed a Bill of Entry dated 15-9-2005 for its clear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to, without prejudice to the assessee s right to have the transaction value accepted in the event of a lis . Relying on the Tribunal s decision in the cases of Andhra Sugars Ltd. v. Commissioner - 2006 (193) E.L.T. 68 (Tri. Bang.) and Agarwal Industries v. Commissioner - 2006 (193) E.L.T. 421 (Tri. Bang.), learned Senior Counsel has urged that the apex Court s ruling in Eicher Tractors (supra) be followed in preference to Rajkumar Knitting Mills (supra) on account of change of the relevant statutory provisions. According to learned Counsel, none of the factors or circumstances particularised under Rule 4(2) existed in the present case and therefore there was no option for the assessing authority but to accept the transaction value of the goods under Rule 4(1). Learned SDR referred to the relevant statutory provisions and endeavoured to show that the amendment to Rule 4 (dealing with transaction value) of the Customs (Valuation) Rules, which was referred to by learned Senior Advocate, was inconsequential insofar as the facts of this case were concerned. On this basis, learned SDR argued, the apex Court s ruling in Rajkumar Knitting Mills (supra) was applicable and accordingly the co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... M/s. HMT Ltd. The Japanese vendor had a stock of bearings, which was expected to be lifted by M/s. Eicher Tractors Ltd. That stock was offered to M/s. Eicher Tractors Ltd. at concessional price of Japanese Yen 826 per piece and the same was accepted by the company, which accordingly placed an order on the Japanese vendor on 17-4-1993. M/s. Eicher Tractors Ltd., filed Bill of Entry dated 3-12-1993 [accompanied by Invoice dated 6-10-1993] with the Customs authorities for clearance of the goods. The original authority, upon finding that the declared price was lower than the one mentioned in the vendor s price list, refused to accept it as normal price under Rule 4 of the Customs (Valuation) Rules read with Section 14 of the Customs Act. It enhanced the price of the bearings to Japanese Yen 2507 per piece under Rule 8 on the basis of the vendor s price list coupled with permissible discounts. The appeal preferred against the Assistant Collector s decision was allowed by the Collector (Appeals). But, in course of time, the order of the appellate authority came to be set aside by this Tribunal in an appeal filed by the Department. This was the circumstance in which the apex Court happene ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al goods. But, we note, the concept of transaction value underwent a change through amendment of Rule 4 after the decision in Rajkumar Knitting Mills (supra). It was the amended rule which came to be examined by the apex Court in the case of Eicher Tractors (supra). Admittedly, the present case also is governed by the amended rule. Hence the apex Court s ruling in Eicher Tractors (supra) must govern the instant case. 4. This Tribunal had occasion to distinguish Rajkumar Knitting Mills case in the case of Andhra Sugars (supra). In that case, the goods were supplied to the importer at a price agreed between them and their supplier. The department had not alleged that anything in excess of the agreed price was paid or payable by the importer to their supplier under the contract, nor was it a case of the Revenue that the said price was influenced by any consideration other than commercial. In such circumstances, it was held that there was no justification for rejecting the transaction value of the goods. What was rejected by the Tribunal in that case was the department s reliance on the price of certain goods imported contemporaneously, i.e., goods which came to India by the same vesse ..... X X X X Extracts X X X X X X X X Extracts X X X X
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