9911796707
TMI Blog2022 (6) TMI 435X X X X Extracts X X X X X X X X Extracts X X X X ..... f Customs (Appeals), Mumbai -II in order-in-appeal no. 32-36 (Gr IIA)/2010 (JNCH)/IMP-28-32 dated 22nd July 2010 which is impugned herein. 2. Narrating the background, Learned Counsel for the appellant submits that bills of entry no. 834625/30.03.09, no. 861296/17.04.09, no. 894469/12.05.09, no. 949827/19.06.09 and no. 992671/18.07.09, though backed by sales contract and sales invoice for price of US$ 2.95/kg and sufficing to qualify as 'transaction value' in the absence of any evidence to the contrary, was assessed at US$ 3.95/kg without the preliminary of show cause notice of intent to do so. Moreover, according to him, the 'proper officer' under section 17 of Customs Act, 1962 had failed to comply with the mandate therein for issue of s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the present instance has no place at all in revising the assessable value. 4. Learned Counsel relies upon the decision of the Tribunal in Sai Impex v. Collector of Customs [1992 (62) ELT 616 (Tribunal)], affirmed by the Hon'ble Supreme Court, to contend that there could no better evidence of 'transaction value' than the invoice of the manufacturer. We find no reason to disagree with the submission that the invoice of manufacturer sufficed to establish the value therein to be the 'transaction value' as one of the documents that could be insisted upon for ascertaining acceptability of 'declared price' of a merchant supplier is invoice of manufacturer. The credibility of the impugned transaction, being one between the manufacturer and the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aimed that the actual value was lower than that in the invoice and the observation referred to merely compares the relative options for discarding and disowning. 7. Doubtlessly, rule 12 of Customs Valuation (Determination of Value of Imported Goods) Rules, 2007 empowers rejection of declared upon evidence to the contrary and, by default too, upon non-satisfaction of queries sought by the assessing officer. Two aspects are critical to such rejection: requiring such evidence to be furnished by importer as is necessary for acceptance of declared value as transaction value and, should the declared value be discarded, adoption of such value as is validated by the sequential alternatives in the Rules. There is nothing on record to demonstrate th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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