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TMI Blog2014 (12) TMI 1049X X X X Extracts X X X X X X X X Extracts X X X X ..... , for the Respondent. ORDER Both sides are in rivalry contentions on the value of export. Respondent says that FOB value declared is not impeachable for no mala fide or reasonable doubt on truthfulness and accuracy of the value declared came to record. Ld. Counsel for Respondent further says that law is well settled that if FOB value is realized, there cannot be further dispute on valuation. But ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s, 2007 he has to follow guiding principles laid down therein. If he does not doubt on the explanations of the assessee, then he has to proceed for application of Rules 4 to 6 sequentially. But such a process was given goby by both the authorities below. Ld. Counsel for respondent further submits that if the transaction value (FOB value) is rejected, the appropriate rule that may be applied is Rul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efore Tribunal were before the authority below. 3. To resolve the controversy between the parties, it would be fair to send back the matter to the adjudicating officer to issue notice to the respondent clearly stating why he disbelieves the value declared by the appellant. If such a notice is issued that shall serve the purpose of Rule 8 of the Export Valuation Rules. Upon receipt of the exp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court in the case of Vishal Export Overseas reported in 2007 (209) E.L.T. 331 (S.C.), learned original authority shall pass appropriate order. 6. In the result, the appeal of Revenue is remitted to the Original Authority to carry out a detailed exercise as directed above, afresh. 7. Respondent is entitled to argue both on facts and law in the course of fresh adjudication. (Dictated & ..... X X X X Extracts X X X X X X X X Extracts X X X X
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