9911796707
TMI Blog2017 (12) TMI 405X X X X Extracts X X X X X X X X Extracts X X X X ..... dent : Mr Sudhir M Mehta, Advocate ORAL ORDER (PER : HONOURABLE MR.JUSTICE AKIL KURESHI) 1. These petitions arise in common background. We may notice facts from Special Civil Application No.11256/2017. 2. The petitioner is a proprietary concern and is engaged in trading in glass beads of a particular kind called 'Chaton' in the trade and other imitation jewelery related products. Suc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her importers having disputed the valuation, the adjudicating authority and in some cases, the appellate Commissioner have confirmed the price inflation. We are informed that one of the tax appeals before the Tribunal being Tax Appeal No. 11645/2016 of the petitioner against such orders of the Revenue authorities is pending before the CESTAT. 3. Once again the petitioner's consignment of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e respondent authorities have neither power nor the basis for rejecting the transaction value on the basis of NIDB data. The respondents do not have any other independent instance of import suggesting that the value declared by the petitioner is not the correct value of the imported goods. 5. On the other hand, learned counsel Shri Sudhir Mehta for the department submitted that the petitioner has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he meantime, the future import consignments of the petitioner, if run into controversy about the import price, the same would be released on certain conditions. 7. Keeping in mind such rival interests, these petitions are disposed of with the following directions : 1) The petitioner shall apply to CESTAT for taking up Tax Appeal No. 11645/2016 for early disposal. Both the sides shall cooperate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e petitioner and the department is with respect to the import price of the goods on the basis of NIDB data. If there is any other dispute or independent data or material at the command of the department, this formula will not automatically apply. 4) If for some reason, the Tax Appeal before the Tribunal is not decided as requested, it will be open for either side to apply again. 5) It may be o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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