TMI Blog2018 (7) TMI 710X X X X Extracts X X X X X X X X Extracts X X X X ..... type to reflect upon the fact that the excess consideration for the imported goods stand paid by the appellant to the exporter, over and above the invoice value. In the absence of any evidence reflecting upon the incorrect payments made to the foreign supplier, the transaction value cannot be rejected and enhanced - appeal allowed - decided in favor of appellant. - C/00306/2011 - 41265/2018 - Dated:- 18-5-2018 - Smt. Archana Wadhwa, Member (Judicial) And Shri V. Padmanabhan, Member (Technical) For the Appellant Shri S. Murugappan, Adv. For the Respondent Shri K. Veerabhadra Reddy, JC (AR) ORDER Per Archana Wadhwa: The brief facts of the case are that M/s.Ravi Prasad Studios, Chennai -600 017 had filed a BE No.9 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssed by the lower authority is illegal and against the facts and circumstances of the case, provisions of the Customs Act, 1962 and Customs Valuation (Determination of Import Goods) Rules 1988. b) That the lower authority rejected the transaction value by merely comparing the invoice prices of other imports with that of the appellant which is not as per provisions of the valuation Rules. In this regard they relied on the Case law of Basant Industries Vs. Additional Collector of Customs reported in 1996 (81) ELT 195 (SC). c) That the lower authority's observation itself that the period of comparison was not contemporaneous, seldom such an import can be basis for rejection of the transaction value. Relied on Commissioner of C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m the website by the lower authority and considering due deductions and discounts to arrive at the value of Euro 7800/- is not acceptable, as the Internet prices are not reliable. Relied on the case of B.C. Trading company Vs. Commissioner of Customs reported in 2006 (202) ELT 219 (Tri-Bang) and affirmed by Supreme Court in 2008 (223) ELT A133 (SC). j) That the cardinal principle of valuation was laid down in the case of Eicher Tractors Ltd., Vs Commissioner of Customs, Mumbai reported in 2000 (122) ELT 321 (SC) where in it was held that only after discarding the transaction value under Rule 4, the value can be fixed under other sequential rules. k) That it is undisputed fact that the appellants have paid the supplier as per t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n value of the goods, as reflected in the invoice has not been discarded and proved to be wrong by authorities by production of any evidence to the contrary. For enhancing the value by comparing the same with the value of goods, which have originated from other countries, whereas, the country of origin in the assesses case is Germany, They have further contended that the quantity of the imports in their bills of entry was much less that the quantity imported by them as also the date of import are different and as such the relied upon imports cannot be held to be contemporaneous, so as to adopt their value. Learned Advocate also place reliance on various decisions. 5. Countering the arguments, Learned Authorised Representative for the Rev ..... X X X X Extracts X X X X X X X X Extracts X X X X
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