TMI Blog2014 (1) TMI 738X X X X Extracts X X X X X X X X Extracts X X X X ..... ection of transaction value and enhancement of assessable value has to be on the basis of some evidences on record. Contemporaneous imports have to be considered in reference to quality, quantity and country of origin with the imports under consideration. It has been held in a number of decisions that NIDB data cannot be made the basis for enhancement of value. Commissioner (Appeals) has relied up ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts. 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 following grounds : (i) that the Department loaded the value without giving the reason; (ii) that there is no expert opinion or any import by another importer as evidence for en ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce 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 observing that assessing authority has not given any reason to enhance the value. They submit that NIDB data supports the Revenue s case. It stands further contended that as per Board s Circular No. 91/2003-Cus., dated 14-10-2003 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o 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 Tractors Ltd v. CC [2000 (122) E.L.T. 321 (S.C.)] in support of his finding that transaction value cannot be rejected without clear and cogent evidence produced by the Department with regard to quality, import of origin and place an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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