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TMI Blog2009 (2) TMI 563X X X X Extracts X X X X X X X X Extracts X X X X ..... espondent. [Order per : D.N. Panda, Member (J)]. - The only dispute in this appeal is whether the value declared by the appellant shall be regarded as transaction value under Section 14 of the Customs Act, 1962 read with Rule 4(1) of Customs Valuation Rules, 1988. According to the appellant when the goods in question were imported, all the facts and figures were made available to the proper off ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... out any review done. Relying on the basis of judgment in the case of Eicher Tractors Ltd. v. CC, 2000 (122) E.L.T. 321 (S.C.) ld. counsel submits that unless and until there are circumstances existing to bring transaction beyond the purview under Rule 4(2), the value declared as transaction value cannot be discarded. He further relies on the Apex Court's judgment in the case of Tolin Rubbers repor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 12A of the Valuation Rules 1988. Also according to him when the Chartered Engineer's certificate from abroad discloses the year of manufacture, the appellant squarely falls under the purview of the circular for depreciation of the assets imported. Therefore, there is no necessity to interfere to the order passed by the learned first appellate authority. 4.1 Heard both the sides. 4.2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... preciated value should be the transaction value and for what reason. The appellant not having been granted an opportunity of rebuttal with any cogent reasons, the proceeding should not sustain. Accordingly, for the reasons aforesaid we direct that the value declared by the appellant to be the transaction value should be accepted. In the result, the appellant succeeds. (Dictated & pronounced in op ..... X X X X Extracts X X X X X X X X Extracts X X X X
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