TMI Blog2017 (12) TMI 107X X X X Extracts X X X X X X X X Extracts X X X X ..... ere sufficient to reverse the finding of the primary and the First Appellate Authority on the point of grading. Valuation - evidence of contemporaneous value of the imported yarns i.e. Partially Oriented Yarn of Polyester (POY), Polyster Textured Yarn (PTY) and Polyester Filament (PFY) - Held that: - The finding of the learned Tribunal is that almost half of number of the said bills of entry relating to each item of Yarn i.e. POY and PFY did not pertain to the yarns imported by the assessee and, in case of the rest, there was a variance in the price mentioned in the aforesaid bills of entry and those in the standing order; yet the prices mentioned in the said standing order were adopted to determine the transaction value. Tribunal tho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the primary and the First Appellate Authority holding the respondent-assessee liable for differential duty to the extent of ₹ 4,79,11,879/- has been reversed. 2. Considering the extremely limited scope of an appeal to be heard and considered by this Court under the provisions of 130E(b) of the Customs Act, it will be hardly necessary to embark upon a detailed enumeration of the voluminous facts, figures and materials that have been considered by the authorities at different levels at different points of time. Suffice, it will be to say that orders of the primary and the First Appellate Authority holding the issue against the assessee is primarily founded on the ground that there was a mis-declaration by the assessee with regard ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is to the following effect : xxxx xxxx xxxx The criteria for grading of yarns for quality in terms of first grade, 'B' or 'C' grade and Dyeing quality are also decided by visual inspection of the entire lot for freedom from various defects and other parameters and therefore cannot be decided only on the basis of a test report. 5. The above materials, according to the learned Tribunal, were sufficient to reverse the finding of the primary and the First Appellate Authority on the point of grading. 6. Coming to the second issue, namely, transaction value, the learned Tribunal took into account that a total of 16 bills of entry were relied upon by the Revenue claiming the same to be evidence of contemporaneou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... raised or arising must have a direct and/or proximate nexus to the question of determination of the applicable rate of duty or to the determination of the value of the goods for the purposes of assessment of duty. This is a sine qua non for the admission of the appeal before this Court under Section 130E(b) of the Act. (ii) The question raised must involve a substantial question of law which has not been answered or, on which, there is a conflict of decisions necessitating a resolution. (iii) If the tribunal, on consideration of the material and relevant facts, had arrived at a conclusion which is a possible conclusion, the same must be allowed to rest even if this Court is inclined to take another view of the matter. (iv) ..... X X X X Extracts X X X X X X X X Extracts X X X X
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