TMI Blog2019 (4) TMI 1188X X X X Extracts X X X X X X X X Extracts X X X X ..... plicability, and validity, of the price list for determining the value under section 14 of Customs Act, 1962 is questionable for not being consistent with section 14 of Customs Act, 1962 and rule 4 of Customs Valuation (Determination of Value of Imported Goods) Rules, 1988 - The proper officer is required to take recourse to the rules sequentially. Assessment of imported goods requires that each of the Rules, pertaining to identical or similar goods, rejected with cogent reason before proceeding to invoke rule 8 of the said Rules. In the absence of such sequential application, the adjudication order, and the impugned order upholding it, cannot be said to be correct in law. Matter is remanded back to the adjudicating authority for fres ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re in possession of the price list of the manufacturer for the relevant period. It is his contention that, in relation to the latest import against bill of entry no. 59166/03.08.2005, they had enabled furnishing of the invoice of the manufacturer which had been sent directly to the Commissioner of Customs and, that, in spite of establishing that the difference was explainable as profit on sale of the ball bearings, the enhancement had been effected. It was also pointed out that it was an error on the part of the lower authorities to confirm and uphold the enhanced values on the earlier imports based on the difference identified in the last consignment. 3. Learned Counsel also placed reliance on the decision of the Hon'ble Supreme Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ently of the value of the scrap of which it formed the part. It is not submitted to the Commissioner before valuation on the basis of price revealed in the London Metal Exchange. The goods under consideration are those that are commonly imported, and it would be easy, should not be difficult to obtain value of import of identical or similar goods at the time of import. If that is not available, value has to be determined in accordance with the remaining provisions of the Valuation Rules. We therefore set aside the Collector s order accepting the declared value of the goods and remand it for determination. and affirmed by the Hon'ble Supreme Court, clearly established the legality of the impugned order. 5. We find from the impugn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8. The proper officer is required to take recourse to the rules sequentially. We are unable to accord credence to the submission of the Learned Authorised Representative, and findings of the adjudicating authority, that the said goods were not being imported into India. Ball bearings were regular items of imports; an economy with such levels of industry and lacking domestic production, is inevitably, a large importer. Assessment of imported goods requires that each of the Rules, pertaining to identical or similar goods, rejected with cogent reason before proceeding to invoke rule 8 of the said Rules. In the absence of such sequential application, the adjudication order, and the impugned order upholding it, cannot be said to be correct in la ..... X X X X Extracts X X X X X X X X Extracts X X X X
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