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TMI Blog2019 (6) TMI 1355X X X X Extracts X X X X X X X X Extracts X X X X ..... led various bills of entry for clearance of the Aluminium waste. Value of the imported goods sought to be enhanced and the appellant gave consent of acceptance of the enhanced value on being shown the contemparous report from the said Aluminium Scrap of NIDB data and LME price of primary aluminium for the corresponding period, therefore, the value of imported goods were enhanced and assessed goods were cleared on duty on the enhanced value, later on, the enhancement of value was challenged by the appellant before the Ld. Commissioner (Appeals). The Ld. Commissioner (Appeals) dismissed the appeal filed by the appellant. Therefore, the appellant filed these appeals. 3. Ld. Counsel for the appellant submits that in their own case for the dem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f India 2009 (235) ELT 193 (S.C.). 2. Ramchandra Art Silk Yarn vs. Union of India 2002 (239) ELT 540 (GUJ). 3. C.C, Mumbai vs. India Leads Ltd. 2000 (117) ELT 447 (Mumbai) 4. Dynacast Industries vs. Collector of Customs (P) Mumbai, 1999 (113) ELT 524 (Tribunal) 5. C.C., Tuticorin vs. Rabbani Exports 2011 (271) ELT 533 (Tri.-Chennai) 6. Prasant Glass Works P. Ltd. Vs. C.C, Calcutta 1996 (87) ELT 518 (Tri.) He also submits that the enhancement of transaction value has been upheld by the Hon'ble Supreme Court in the following cases: 1. Punjab Processors Pvt. Ltd. Vs. Collector of Customs 2003 (157) ELT 625 (S.C.) 2. Collector of Customs, Bombay vs. Shibani Engineering Systems 1996 (86) ELT 453 (S.C.) 3. Vikas Sipnners vs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and compel them to forego their right to provisional assessment under Section 18 of the Customs Act, 1962 ('the Act‟, for short). The appellants, coerced and intimated, have no option but to give in and issue a letter of consent agreeing to assessment/valuation by the customs authorities to avoid delay in clearance, levy of demurrage, ground rent and container detention charges, etc. It is also alleged that the respondents without observing and contrary to the mandate of Section 14 of the Act discard the declared transactional value and recompute the consignment value in view of the Valuation Alert dated 1st December, 2016 issued by the Central Board of Excise and Customs ('the Board‟, for short)." On the identical facts, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng before the proper officer finally decides the transactional value in terms of Rules 4 to 9 of the 2007 Rules. 23. We would now refer to the findings of the order in original in the present case which observes that the appellants had declared value of the aluminium scrap as Rs. 81.31 per kg, albeit the contemporaneous import data in the form of different bills of entry had indicated aluminium scrap values between Rs. 83.26 to Rs. 120.897 per kg. The said portion of the order refers to at least four bills of entries declaring assessable value of less than Rs. 85 per kg. Interestingly, the order in original also records that the imported goods being aluminium scrap was not a homogeneous commodity and therefore, cannot be evaluated on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been ignored. The Assistant Collector has rejected the transaction value as declared in the bill of entry which, as noticed above, is clearly and fundamentally erroneous besides being contradictory. In the aforesaid circumstances, we do not think that the order in assessment dated 7th April, 2017 can be sustained and upheld. It is set aside and quashed. 25. Before closing, we would observe that the Valuation Alerts, as also stated by the respondents, are issued by the Director General of Valuation based on the monitoring of valuation trends of sensitive commodities with a view to take corrective measures. They provide guidance to the field formation in valuation matters. They help ensure uniform practice, smooth functioning and prevent e ..... X X X X Extracts X X X X X X X X Extracts X X X X
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