TMI Blog2017 (11) TMI 1440X X X X Extracts X X X X X X X X Extracts X X X X ..... tion value is rejected for valid reasons. Relying on the decision of Hon'ble Supreme Court in Eicher Tractors Ltd. Vs CC Mumbai [2000 (11) TMI 139 - SUPREME COURT OF INDIA], the Tribunal held that transaction value cannot be rejected on the basis of availability of data value for contemporaneous import of similar goods. This may at best raises a suspicion on the transaction value but cannot form basis for refixing the value. Appeal allowed - decided in favor of appellant. - C/292/2008 - FINAL ORDER No. 41993/2017 - Dated:- 6-9-2017 - Ms. Sulekha Beevi C.S. Member (Judicial) and Shri B. Ravichandran, Member (Technical) Shri A.K. Jayaraj, Advocate For the Appellant Shri K. Veerabhadra Reddy, JC (AR) For the Respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ports through Nhava Seva. Secondly, he submitted that the legal provisions of Customs Valuation Rules, 1988 were not followed by the authorities. There is a summary finding of inapplicability of Rule 4, 5, 6, 7 7A of the said Rules. The assessments were made after redetermination of value under Rule 8. The ld. counsel contested that even for Rule 8 proper appreciation of facts are required. Despite of request, the authorities did not provide the supporting documents like invoices, nature of goods imported which was sought to be compared to reassess their valuation. He relied on the decision of the Tribunal in Vidya Enterprises Vs CC (Seaport-Export), Chennai vide Final Order No.41093/2017 dt. 22.06.2017 and Vijaya International Impex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e than 50% in a matter of few months in respect of the impugned goods. This is apart from lack of full details regarding the importation made through Nhava Seva on various parameters like whether the value is with reference to branded or unbranded item, quality, terms of contract, payment schedule and also whether such assessments were themselves enhanced assessments. It is necessary even to reassess under Rule 8 to have justifiable reasons. In the present case, the reason being contemporaneous import of similar goods through other port, in such situation full particulars of other imports are to be examined and made available to the appellant also. In view of non-fulfilment of such requirement, reassessment order suffers from serious inf ..... X X X X Extracts X X X X X X X X Extracts X X X X
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