TMI Blog2019 (3) TMI 455X X X X Extracts X X X X X X X X Extracts X X X X ..... equirement for re-determination of the value is that the transaction value should be rejected for cogent reasons prescribed in the Customs Valuation Rules. If the transaction value is rejected, then the Customs Valuation Rules prescribes the basis for arriving at the assessable value. Perusal of the records of the case indicates that the only reason cited reason for re-assessment of value is that the respondent has accepted the enhanced value. No doubt acceptance of the enhanced value in writing waives the requirement of the issue of speaking order under Section 17(5) ibid. However, the requirement of Section 14 and the Customs Valuation Rules need to be satisfied for enhancement of value. Nothing is forthcoming in the record of the case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mobile accessories such as ear plug, data cable etc. electronic items; PVC table covers etc. The Customs duty on the imported goods was paid by the respondent on the basis of self-assessment of duty on the transaction value. The Customs authorities held that the transaction value declared by the respondent was low and proposed to increase the value of the imported goods for purposes of assessment. The increase proposed by the Customs authorities was agreed to by the CHA on behalf of the importer on 18.9.2017. Subsequently, the Bill of Entry was assessed at higher value. The goods were cleared on payment of duty at the enhanced value. It is pertinent to record that no assessment order was issued by the Customs Assessing Group as per require ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er submitted that once the value has been accepted by the importer there is no need for the Customs authorities to prove such enhanced value. In this regard, he relied on the decision of Tribunal in case of CC (Import) Vs. Sodagar Knitwear -2018 (362) ELT 819 (Tri.-Del.). The said decision has been approved by Hon ble Supreme Court and reported as 2019 (362) ELT A213 (SC). (iii) He also relied on the decision of the Tribunal in the case of DJP International Vs. CC (ICD), New Delhi - 2017 (350) ELT 294 (Tri.-Del.), where similar view has been taken by the Tribunal. This decision also stands approved by the Hon ble Supreme Court and reported as 2017 (350) ELT A65 (SC). (iv) The ld. DR further argued that the decisions cited by the l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alue fixed by the department due to urgency to clear the goods, but challenged the enhancement by way of appeal. He also relied on the decision of the Tribunal in the case of CCE Vs. Hingora Industries Ltd. - 2009 (237) ELT 318 wherein it has been observed that there is no estoppel in law. 8. Heard both sides and perused the record. 9. The dispute in the present case is regarding the valuation of the goods imported by the respondent. The Assessing Authority re-assessed the imported goods at values higher than what was declared by the respondent in the Bill of Entry for self assessment. The respondent accepted the enhanced value. To this effect CHA, the authorised agent of the respondent, has signed a note accepting the enhanced va ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent reasons prescribed in the Customs Valuation Rules. If the transaction value is rejected, then the Customs Valuation Rules prescribes the basis for arriving at the assessable value. 12. Perusal of the records of the case indicates that the only reason cited reason for re-assessment of value is that the respondent has accepted the enhanced value. No doubt acceptance of the enhanced value in writing waives the requirement of the issue of speaking order under Section 17(5) ibid. However, the requirement of Section 14 and the Customs Valuation Rules need to be satisfied for enhancement of value. Nothing is forthcoming in the record of the case from which the basis for such re-assessment can be made out. 13. Revenue has vehemently argue ..... X X X X Extracts X X X X X X X X Extracts X X X X
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