TMI Blog2008 (7) TMI 217X X X X Extracts X X X X X X X X Extracts X X X X ..... cumstances statutorily particularised under Rule 4(2) of the Customs Valuation Rules, 1988 did not exist, the transaction value required to be accepted – enhancement of value is not justified – appeal of assessee is allowed - C/259/2001 - 695/2008 - Dated:- 10-7-2008 - S/Shri P.G. Chacko, Member (J) and P. Karthikeyan, Member (T) None, for the Appellant. Shri V.V. Hariharan, JCDR, for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... econd contract was USD 850 PMT as declared in the relevant bill of entry. Both the bills of entry were filed on the same date (25-7-2000). The original authority and the first appellate authority took the view that the date of contract was not relevant for determining the assessable value. According to them, as per Section 14 of The Customs Act, the value for the purpose of assessment was the pric ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ised under Rule 4(2) of the Customs Valuation Rules, 1988 did not exist, the transaction value required to be accepted. It is submitted that the price offered by the supplier and accepted by the appellants in respect of the goods covered by the earlier contract which was executed in March, 2000 was USD 840 PMT and nothing in excess of that amount was paid by the latter. The price of identical good ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ay any extra consideration to the supplier. The transaction value requires to be accepted in the absence of circumstances mentioned under Rule 4(2) of the Valuation Rules. We find that these facts of the case, which have not been rebutted in the impugned order, fit well within the ratio of Apex Court's judgment in Eicher Tractors (supra). The judgment in Rajkumar Knitting Mills (supra) could be ap ..... X X X X Extracts X X X X X X X X Extracts X X X X
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