TMI Blog2017 (6) TMI 990X X X X Extracts X X X X X X X X Extracts X X X X ..... ons. Only thereafter, the value shall be determined by proceeding sequentially through Valuation Rules. In the present case, the transaction value has been sought to be rejected only on the basis of the price list, catalogue, market enquiry as well as contemporaneous import of some of the items. All these grounds can at best raise a suspicion that value declared for assessment may be less. However, none of these can be considered as valid reasons for ignoring the transaction value - appeal allowed - decided in favor of appellant. - Appeal No. C/320/2007 - Final Order No. 41093 / 2017 - Dated:- 22-6-2017 - Ms. Sulekha Beevi C.S. Member (Judicial) And Shri V. Padmanabhan, Member (Technical) Shri A.K.Jayaraj, Advocate For the Appel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... market enquiry was found to be much higher than RSP declared in the Bill of Entry. In respect of Pioneer brand, since there was no authorized distributors/retailers in Chennai or New Delhi, the maximum RSP for similar/identical goods were ascertained through market enquiry. 2. Based on the above, Customs authorities took the view that the declared value of ₹ 9,51,593/- of the imported goods were to be rejected and value assessed to ₹ 46,52,763/-. Accordingly, SCN was issued. After due process of adjudication, impugned order came to be passed rejecting the declared value and redetermining the assessable value as proposed in the SCN. Differential duty was ordered to be paid amounting to ₹ 14,13,529/-. The imported goo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion value. Accordingly, he submitted that the impugned order merits to be set aside. 4. Ld. D.R, Shri B. Balamurugan countered the arguments and supported the impugned order. It is the Revenue s view that the declared value can be rejected on the grounds of suspicion as has been done in the present case under Rule 10A of the Customs Valuation (Determination of price of Import Goods) Rules, 1988. He submitted that the impugned order merits to be sustained since the evidence produced by Customs substantially indicates under valuation of the imported goods. 5. Heard both sides. The main crux of the department s allegation for rejecting the transaction value is on the following grounds : (i) Contemporaneous imports, price list of Sony ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t has categorically held as follows : 22. In the case before us, it is not alleged that the appellant has mis-declared the price actually paid. Nor was there a mis-description of the goods imported as was the case in Padia Sales Corporation. It is also not the respondent's case that the particular import fell within any of the situations enumerated in Rule 4(2). No reason has been given by the Assistant Collector for rejecting the transaction value under Rule 4(1) except the price list of vendor. In doing so, the Assistant Collector not only ignored Rule 4(2) but also acted on the basis of the vendor's price list as if a price list is invariably proof of the transaction value. This was erroneous and could not be a reason by its ..... X X X X Extracts X X X X X X X X Extracts X X X X
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