2018 (5) TMI 2014

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..... r (Technical) Shri Mohd. Altaf (Asstt. Commr.) AR for Appellant JUDGMENT Archana Wadhwa Being aggrieved with the order passed by Commissioner (Appeals), vide which he has set aside the enhancement of the value of imported fabric, Revenue has filed the present appeal along with the Stay Petition. As the impugned order of Commissioner (Appeals) is non executable, we find no reason to stay the .....

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..... of Eicher Tractor Ltd. 2000 (122) E.L.T. 321 (S.C.), he observed that unless the price actually paid for the particular transaction fall within the exceptions provided under Rule 4(2), the Customs Authorities are bound to assess the duty on the basis of the declared transaction value. He further held that inasmuch as in the present case the circumstances were not covered by Rule 4(2) exception, th .....

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..... ted by extraneous considerations. The Revenue has not rejected the transaction value first. The Appellate Authority has referred to precedent decisions holding to that effect. As such we fully agree with Commissioner (Appeals) that in the absence of rejection of the transaction value, Revenue cannot proceed ahead to redetermine the value in terms of the subsequent rules of Customs Valuation Rules. .....

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