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TMI Blog2018 (10) TMI 332X X X X Extracts X X X X X X X X Extracts X X X X ..... 118/- per kg. The goods were examined 100% by the department at the time of import and the same were found as per the declaration made at the time of filing of Bill of Entry, however, it was contended by the department that the value of the imported consignment of cooling pads was mis-declared by the appellant importer as identical / similar goods during contemporaneous period were being imported at the rate between Rs. 180/- to Rs. 260/- per kg. The importer assessee was asked to verbally explain as to why the value of imported consignment should not be enhanced to the import value of the contemporaneous import of the similar / identical goods. The importer vide its letter dated 23.1.2017 waived the right to have show cause notice. They ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... kg. comes to Rs. 166/- per Kg. while the value has been taken for enhancement at the rate of Rs. 220/- per kg. Learned advocate has vehemently contended that they have been able to get the lower price for their consignment after considerable negotiations with their foreign supplier and therefore, the department does not have valid ground to reject the value declared by them under section 14 of the Customs Act, 1962. Since the value declared by them is the true transaction value, therefore there is no ground for the department to reject the same and determine the value as per Customs Valuation Rules and therefore, the adoption of Rule 5 of the Customs Valuation Rules for enhancing the declared value, is legally not sustainable. Learned advo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... section 14 of the Customs Act, 1962 as same were found much lower than the contemporary prices of similar / identical goods, the importer was confronted with these facts and the importer has agreed for enhancement of the import price of their import consignment from Rs. 118/- to Rs. 220/- per kg. (which was average price of range of import price varying between Rs. 180 to Rs. 240/- per kg at the relevant time). We feel that the department has rightly applied Customs Valuation Rule 05 for determination of valuation of the cooling pads as they have had substantial evidence which indicated that the consignment has been mis-declared with regard to its value and the importer has also agreed for enhancement of declared import price. However, we f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inal order and fixing the duty, the Settlement Commission has not taken into consideration value of lowest transaction value of the identical goods out of several transaction values of the identical goods produced before it. Learned Counsel appearing on behalf of the Union of India submitted that from the impugned order, it does not appear that this point was raised before the High Court. Be that as it may, the point raised being a pure question of law, we are of the view that the High Court was not justified in refusing to go into the merits of the original order passed by the Settlement Commission." 6. In view of the above, we are of the view that since the importer appellant at the time of import has agreed themselves for enhancement of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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