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TMI Blog2025 (5) TMI 83X X X X Extracts X X X X X X X X Extracts X X X X ..... 19 by the Assessing Officer and rejected the appellant's appeal. 2. We have heard learned counsel for the appellant and the learned authorized representative appearing for the department and perused the records. 3. The appellant imported a consignment of Slew Gear and Bucket Tooth from China and filed Bill of Entry dated 05.02.2019 declaring assessable value of US$ 1.250 per kg in respect of slew gear and US$ 0.67 per kg in respect of Bucket Tooth. The Assessing Officer re-assessed the Bill of Entry by enhancing the value at the rate of 13% "on account of SVB loading". The appellant paid customs duty on the enhanced value and cleared the consignment. The assessing officer did not issue a speaking order as required under section 17(5) of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ere was no ground to reject the transaction value. 6. Personal hearing was held by the Commissioner (Appeals) on 07.12.2021 during which the appellant reiterated the above submissions. 7. The Commissioner (Appeals) rejected the appeal on the ground that "the Assessing Officer had enhanced the value at the rate of 13 % on account of SVB loading" and that the duty on enhanced value was paid by the appellant without any protest. Therefore, the Commissioner concluded that the appellant had "admitted to enhanced value" and rejected the appellant's appeal. He placed reliance on the decision of this Tribunal in Commissioner of Customs vs. Hanuman Prasad & Sons 2021-TIOL-30-CESTAT-DEL. 8. The reliance placed by the Commissioner (Appeals) on Han ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... owever, Section 14 itself provides for some exceptions and empowers the Government to frame rules to deal with such situations. The Customs (Determination of value of Imported Goods) Rules, 2007 Rules provide for rejection of the transaction value by the proper officer under certain circumstances and re-determination of the assessable value through some other methods if the transaction value is rejected. As per Rule 9, if the proper officer has reason to doubt the truth or accuracy of the transaction value he can call for further information. If no information is provided or after considering the information which has been provided, if the proper officer still has a reasonable doubt about the truth and accuracy of the transaction value it c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s satisfied about the truth and accuracy of the declared value after the said enquiry in consultation with the importers. (iii) The proper officer shall have the powers to raise doubts on the truth or accuracy of the declared value based on certain reasons which may include - (a) the significantly higher value at which identical or similar goods imported at or about the same time in comparable quantities in a comparable commercial transaction were assessed; (b) the sale involves an abnormal discount or abnormal reduction from the ordinary competitive price; (c) the sale involves special discounts limited to exclusive agents; (d) the misdeclaration of goods in parameters such as description, quality, quantity, country of origin, ye ..... X X X X Extracts X X X X X X X X Extracts X X X X
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