TMI Blog2017 (9) TMI 1142X X X X Extracts X X X X X X X X Extracts X X X X ..... . The exact nature of goods and the details of contracts of the contemporaneous consignments were not available, only basic description and quantity of the imported items were available, which were compared. In the present case due examination about this crucial aspect has not been done by the assessing officer and comparison based on the contemporaneous import is not proper. Further, the contractual arrangements and invoices should not be rejected in the absence of any evidence to question their authenticity. As submitted by the appellants, NIBD data is a guidelines and an indicator for the assessing officer and it cannot be a substitute for assessable value. The assessable value for imported items has to be invariably arrived at applyi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5 to May, 2016. The assessing officer raised a query to justify the valuation declared by the appellant and also intimated the importers that bills of entry will be re-assessed based on contemporaneous price available with the assessing officer. The assessments were accordingly carried out by enhancing the value in respect of each one of the consignments. The duties were paid and the goods were cleared. Later, the assessing officer issued a speaking order justifying re-determination of assessable value. The appellants filed appeals, which were rejected by the impugned orders by the Commissioner (Appeals). 2. Ld. Counsel for the appellants contested the findings of the lower authorities and submitted as below:- (a) The appellants are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the transaction; (f) NIBD data is a reference value for the assessing officers and cannot be automatically adopted for enhancing value. The assessable value is governed by legal provisions of Section 14 and Valuation Rules. Reliance was placed on certain decided cases. 3. Ld. AR submitted that the assessing officer is correct in raising a query based on his doubt regarding the declared value being less than contemporaneous value of imports. Thereafter, the assessing officer proceeded to re-assess the impugned goods based on the said contemporaneous price in terms of Rule 4 of the Valuation Rules, 2007. There is no legal infirmity in the action of the lower authorities and as such, the appeals deserve to be dismissed. 4. We ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... importer to provide further information to satisfy the correctness of the declared assessable value. In the present case, the appellants did submit the invoice, purchase order and supporting contract documents with reference to the impugned consignments. Nothing more is required with the importer to further substantiate the value. In such situation, it is for the assessing officer to discount the documents with valid reasons in order to reject the declared value and thereafter to proceed with the re-assessment, after due enhancement. Explanation (1)(i)(iii)(a) in Rule 12 appears to be applicable to the present case. In other words, the assessing officer having noticed higher value of contemporaneous import raised the doubt regarding the cor ..... X X X X Extracts X X X X X X X X Extracts X X X X
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