TMI Blog2017 (5) TMI 322X X X X Extracts X X X X X X X X Extracts X X X X ..... n - appeal dismissed - decided against Revenue. - C/1026/2006 - A/86640/17/CB - Dated:- 7-4-2017 - Shri M V Ravindran, Member (Judicial) And Shri C J Mathew, Member (Technical) Shri D K Sinha, Assistant Commissioner (AR) for the appellant Shri C M Sharma, Consultant for the respondent ORDER Per: C J Mathew For ease of reference, the facts relating to the goods in dispute are narrated very briefly. M/s Radhey Shyam Ratan Lal imported seven consignments declared as cloves (old crop) of Indonesian origin between December 2005 and April 2006 that were claimed to be in fulfilment of contract with M/s Ketan Trading Co, Singapore for supply of 200 metric tons at a rate of US$2300 per metric ton. The values were enh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... contracted price is the transaction value which is the consideration made over to the supplier. It is also their contention that they had not been afforded hearing by the assessing officer and that no notice had been issued to them. 4. Learned Authorised Representative relies upon the decision of the Hon ble Supreme Court in Varsha Plastics Pvt Ltd v. Union of India [2009 (235) ELT 193 (SC)] to contend that recourse to rejection of declared value is justified when there is ground to suspect that prices have been misdeclared and that the deriving of assessable value from reputed publications cannot be faulted. The enhancement undertaken by the proper officer which was upheld by the Hon ble Supreme Court in Radhey Shyam Ratan Lal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to establish that the prices declared in the bills of entry are questionable by reference to authentic material as long as assessee has been placed on notice. However, the next step of re-determining the assessable value places the burden of compliance with sequential application of Customs Valuation (Determination of Price of Imported Goods) Rules, 1988 on the proper officer . 7. All that is available on record are the assessed bills of entry without any speaking order commuting the rationale adopted by the proper officer to paper. Consequently, we are deprived of wisdom of the proper officer in reaching the conclusion that the value be enhanced to US$ 3050. Therefore, no purpose would be served by directing that lack be made good ..... X X X X Extracts X X X X X X X X Extracts X X X X
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