TMI Blog2015 (12) TMI 653X X X X Extracts X X X X X X X X Extracts X X X X ..... ubsequent imports. - The value declared by the appellant is on the basis of the contracts entered into by them with the foreign supplier. There is no evidence on record that the value as declared in the invoices is not the correct value or is not in terms of the contract or any under-hand consideration has flown back to the supplier. The reliance on the letter of Commissioner of Customs (Imports) Bombay, which in any case has not been placed before us cannot be adopted as the sole reason for enhancement of the price. - enhancing the value based on cost construction method cannot be held to be a proper method to decide upon the value of the goods, especially when there is no evidence of any consideration flowing back to the foreign supplier. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... act entered into between the appellant and the foreign supplier. They also produced certain evidences of contemporaneous imports where the value accepted by the Customs Authorities was less than the value as declared by the assessee. 4. However, the original adjudicating authority observed that the contemporaneous imports referred to by the assessee was in the month of January and February 2013 whereas after the said period, the value in respect of other importers has also been enhanced based upon the letter of Commissioner of Customs (Imports) Nhava Sheva, Maharashtra communicated on 12.03.2013, detailing a formula for PVC coated fabric, and arriving at a minimum value. As such, he enhanced the value in all the cases. 5. On an appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e same would not become contemporaneous imports. In the present case also, the Customs have enhanced the value and the present enhancement cannot be considered to be contemporaneous for the other subsequent imports. 8. The value declared by the appellant is on the basis of the contracts entered into by them with the foreign supplier. There is no evidence on record that the value as declared in the invoices is not the correct value or is not in terms of the contract or any under-hand consideration has flown back to the supplier. The reliance on the letter of Commissioner of Customs (Imports) Bombay, which in any case has not been placed before us cannot be adopted as the sole reason for enhancement of the price. The Tribunal in the case o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alue based on cost construction method cannot be held to be a proper method to decide upon the value of the goods, especially when there is no evidence of any consideration flowing back to the foreign supplier. 9. In the present case, the Revenue has not referred to any contemporaneous imports of identical goods and has not produced any evidence to rebut the invoice value. 10. In fact, the adjudicating authority has observed that till February 2013, the lower assessable value was being accepted and the goods were being cleared by the Customs. If that be so, we find no justifiable reasons to enhance the value based upon some other enhancement order of the proper officer under the Customs and to hold the same as contemporaneous. The imp ..... X X X X Extracts X X X X X X X X Extracts X X X X
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