TMI Blog2011 (6) TMI 248X X X X Extracts X X X X X X X X Extracts X X X X ..... ntity imported in the instant case was 20.010 MTs - After giving marginal allowance towards quantity discount, the fair fob value will be worked out to more than the minimum price accepted by the department for contemporary imports - The fair value, therefore, was fixed under the best judgment assessment, under Rule 8 of the Customs Valuation (Determination of Price of Imported Goods) Rules, 1988 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... LME after giving marginal allowance towards quantity discounts he fixed the fair value under the best judgment assessment under Rule 8 of Customs Valuation Rules. The differential duty was confirmed ordering recovery of interest. On appeal the Commissioner (Appeals) rejected the appeal on the basis that the appellant has not given any evidence that similar goods were imported by other importers a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not the respondent's case that the particular import fell within any of the situations enumerated in Rule 4(2). No reason has been given by the Assistant Collector for rejecting the transaction value under Rule 4(1) except the price list of vendor. In doing so, the Assistant Collector not only ignored Rule 4(2) but also acted on the basis of the vendor's price list as if a price list is invariabl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed. The Revenue s appeal merely goes by certain decisions which can be distinguished. The later pronouncements on the subject (Eicher Tractors) should be the guiding principle to reject the transaction value. The Revenue has failed to pass the basic test of Rule 4. 5. The legal position being so, the assessment order by the original authority is as below: The price quoted in the LME was ba ..... X X X X Extracts X X X X X X X X Extracts X X X X
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