TMI Blog2014 (2) TMI 881X X X X Extracts X X X X X X X X Extracts X X X X ..... directions of the Hon’ble High Court of Delhi in their order dated 29.11.2007 and the second enquiry was conducted thereafter. After the said directions of the Hon’ble High Court of Delhi, the Revenue hurriedly conducted second market enquiry on 19.11.2007 and thereafter issue show cause notice on 14.12.2007. All the enquiries conducted in 2007 reflect upon the market value of the goods available in the year 2007 inasmuch as the expression used by all these persons is the ‘present market value’. Admittedly, the viscose shawls and stoles in question are fashion goods, the value of the same would be time and period related. The enquiry conducted in 2007 reflecting upon the value of the goods at that point of time cannot be held to be corr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in respect of the various varieties of shawls was more or less in the same range, the said market enquiry was not accepted by the Revenue. 2. It is seen that subsequently the matter was not taken up for a period of almost more than 2= years, compelling the appellant to write various letters to the revenue and ultimately they approached the High Court of Delhi. In terms of the directions of the Hon ble High Court show cause notice was ultimately issued on 14.12.2007 referring to the second set of market enquiries conducted by the revenue, and on the basis of the same, undervaluation was alleged. It may not be out of place to mention here that the said show cause notice did not refer to the first market enquiry and the same was obtained by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and fair. Ld. JCDR has further emphasised that the appellant was given an opportunity to produce the costing data or any other evidence to reflect upon the fact that the value declared by them was the correct value. 5. After appreciating the submissions made by both the sides, we find that the facts are not being disputed by the Revenue. In fact, after the completion of export in May 2005, Revenue conducted enquiry and as per the report dated 01.09.2005, the value declared by the appellant was more or less equivalent to the value of the goods available in the market. No reasons stands given by the Revenue as to why the said report was not accepted by them as to why the matter was kept pending for a further period for 2= years. It is se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntelligence Investigation Branch of the Custom House and not to the Assessing Officer and the enquiry must be completed and the final view taken in 30 days except where the Commissioner of Customs has specified that it is necessary to extend the period beyond 30 days to collect further information/ evidence, the enquiry period may be extended upto 90 days from the date of the shipping bill. The show cause notice should be issued within the extended period of 90 days. However, if the Commissioner of Customs is satisfied that the enquiry for determining the present market value of the goods has to be extended for reasons involving fraud/ collusion/ wilful mis-statement or suppression of facts, he may extend the period of 3 months till such ..... X X X X Extracts X X X X X X X X Extracts X X X X
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