TMI Blog2014 (2) TMI 627X X X X Extracts X X X X X X X X Extracts X X X X ..... e accepted unless there are strong reasons to reject the same. Revenue has not produced any evidence to show that there was any additional consideration flowing back from the appellant to the foreign supplier, in which case the Revenue is bound to accept the declared transaction value. Apart from that we note that the attention of the lower authorities was drawn to the fact of another import made by the appellant at Tuglagabad wherein the value of the identical goods declared by them @ US$ 1.50 per dozen were accepted and there is no appeal of the Revenue against the said assessment order. If that be so, we really fail to understand as to why the said imports at Tuglagabad, which is in respect of the same very goods and from the same sup ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The relevant information was downloaded from internet on various websites like www.cheapestinindia.com and other such websites and it was found that the costs of the belt ranged from Rs. 99/- to Rs. 148/-. Accordingly, Revenue entertained a belief that the value declared by the appellant was liable to be rejected in terms of Rule 12 of Customs Valuation Rules, 2007 and the same is required to be re-determined. Accordingly, vide their letter dated 18.02.2013, the Revenue intimated the appellant about the rejection of the declared value on the ground that inasmuch as the belts were made of PU leather and zinc buckle, the declared value of the same is far below even the raw material cost; that the Tuff Line was a registered trade mark and th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dence that additional consideration has gone back to the foreign supplier. 3. The above pleas and submissions made by the appellant were not accepted by the original adjudicating authority who enhanced the value to Rs. 32.39 per piece. Being aggrieved with the said enhancement the appellant filed an appeal before the Commissioner (Appeals) which also stands rejected by him. Hence the present appeal. 4. After hearing both the sides, we find that the dispute in the present appeal relates to the correct value of the PU belts with buckles of Chinese origin. As per the appellant, the supplier of the goods is the manufacturer of the same and the value declared by them in the Bill of Entry is the same value which is reflected in the invoice ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the decision in the case of Commissioner of Customs (Bombay) vs. BUREAU VERITAS - 2005 (181) ELT 3 (SC) and Tolin Rubber (P) Limited vs. Commissioner of Customs, Cochin - 2004 (163) ELT 289 (SC). 6. In the present case, we find that the Revenue has not produced any evidence to show that there was any additional consideration flowing back from the appellant to the foreign supplier, in which case the Revenue is bound to accept the declared transaction value. Apart from that we note that the attention of the lower authorities was drawn to the fact of another import made by the appellant at Tuglagabad wherein the value of the identical goods declared by them @ US$ 1.50 per dozen were accepted and there is no appeal of the Revenue against ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0/- to Rs. 130/- per piece, by the Revenue officer cannot be held to be a relevant factor in absence of the details of the belts. Admittedly the belts, available in the market would be of various types and even a little difference would make lot of effect on the price range. There is nothing in the said market enquiry to reveal that the belts purchased by the officers were of the same type, which stands imported by the appellant except the fact that the brand name was Tuff Line . Further, the same would reflect the retail sale price in India and would have no bearing on the wholesale price of the manufacturer. 8. In view of the foregoing and in the absence of any evidence on record to reflect upon the undervaluation of the goods, we set ..... X X X X Extracts X X X X X X X X Extracts X X X X
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