2014 (1) TMI 738

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..... order passed by the Commissioner (Appeals), Revenue has filed the present appeal. 2. We have heard Shri K.P. Singh, learned DR for appellant and none appeared for the respondents. 3. The dispute involved in the present appeal relates to assessable value of the imported polyester knitted fabric by the respondents. The Commissioner (Appeals) has held in favour of the respondents on the f .....

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..... he Hon'ble High Court of Calcutta in the case of Atmaram Agarwal [1992 (60) E.L.T. 217 (Cal.)]. The Customs authority doubted that the price paid by the importer was not correct and as such, he proceeded to re-determine the price in terms of Customs Valuation (Determination of Price of Imported Goods) Rules, 1988. It stands submitted by the Revenue that Commissioner (Appeals) was not correct in ob .....

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..... er of decisions that NIDB data cannot be made the basis for enhancement of value. Commissioner (Appeals) has relied upon various decisions of the Tribunal for holding any enhancement in assessment value, the transaction value has to be first rejected based on legal permissible ground as indicated in the Valuation Rules. He has also referred to Hon'ble Supreme Court decision in the case of Eicher T .....

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