TMI Blog2022 (4) TMI 376X X X X Extracts X X X X X X X X Extracts X X X X ..... /S. SEDNA IMPEX INDIA PVT. LTD. GARG IMPEX VERSUS CC, FARIDABAD [ 2016 (10) TMI 517 - CESTAT CHANDIGARH] this Tribunal has held that the value of imported goods in question cannot be enhanced on the basis of DRI alert and the basis of assessed bill of entry in question, therefore the impugned orders are set aside. Thus, the assessed value of bill of entry of similar goods cannot be the basis of enhancement of declared value by the appellant. In fact it should be transaction value - appeal allowed - decided in favor of appellant. - CUSTOMS APPEAL NO. 70371-70372 OF 2021 and CUSTOMS APPEAL NO. 70390-70391 OF 2021 - FINAL ORDER NO. 70104-70107/2022 - Dated:- 30-3-2022 - SHRI ASHOK JINDAL, MEMBER (JUDICIAL) AND SHRI P. ANJANI KUMAR, M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the case are not in dispute that the Adjudicating Authority sought to load the value on the basis of assessed value available of the similar goods. The value is to be adopted for contemprous goods of assessed value and not declared value. In appellant s own case this Tribunal has observed as under :- 8. We find that initially there was DRI alert that the overseas suppliers are undervaluing the value of the goods in question, the same cannot be the reason for enhancement of the value without rejecting the transaction value. The Customs Valuation Rules deals with situation how to enhance the value of the imported goods. DRI have not concerned with the said Valuation Rules, therefore, the declared value cannot be enhanced on the basis o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from US $ 1050 to US $ 1090 PMT. In the case laws cited by the appellant, this Tribunal has already held that for the purpose of comparison of contemporaneous imports, the value to be adopted is not the value arrived at after loading by the department but the value that has been declared and accepted without any enhancement. Besides, we notice that no evidence has been led by the Revenue in the instant case to counter the appellant s contention that the transaction value declared by them, as evident from the documents is not the real transaction value. 6. In view of the above, we are of the considered view that the value of US $ 1100 PMT declared by the appellant has to be accepted as the transaction value. Consequently, the enhancement ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ruti Fabrics Impex vide Order No. 51690-51694/16, dated 27-4-2016 [2016 (343) E.L.T. 963 (Tri. - Del.)] is not justified without rejecting the transaction value of the same and observed as under : 6. As regards the second issue, we find that Commissioner (Appeals) has gone into detailed examination of the provisions of Section 14 as also the Customs Valuation (Determination of Value of Imported Goods) Rules, 2007. As rightly observed by him, for adopting the provision of Customs Valuation Rules, the transaction value is required to be rejected as incorrect value. There being no evidence to show that the importer has paid over and above than the transaction value, to the seller of the goods, there is virtually no reasons to reject the tra ..... X X X X Extracts X X X X X X X X Extracts X X X X
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