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TMI Blog2005 (2) TMI 403X X X X Extracts X X X X X X X X Extracts X X X X ..... . of old and used Photocopiers of various models of Cannon, Xerox, Kodak brands. They declared the value in terms of supplier's invoice. The authorities have rejected the invoice value including the Certificates produced by the appellants from the independent Chartered Engineer. The Department had not accepted the valuation and has rejected the transaction value. The Department has proceeded to va ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under the EXIM Policy. Therefore, the Circular does not have a binding effect compared to the provisions of the EXIM Policy. The judgment of the Tribunal, in the case of BE Office Automation Pvt. Ltd. has been reconsidered and applied in the case of SKD Commercial v. CC, Nhava Sheva [2005 (180) E.L.T. 84 (Tri. - Mum.) = 2004-TIOL-909-CESTAT-Mum]; Competent Business Machines v. CC, Thiruchirappall ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly held that the burden of under valuation is on the Revenue and it is required to be established. The Apex Court has also held that there has to be evidence of contemporaneous import and in the absence of the same, the transaction value is required to be accepted. The Tribunal, in the case of Sai Impex v. CC - 1992 (62) E.L.T. 616 (Tribunal), has also held that the transaction value is required t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this judgment, we hold that the rejection of transaction value by the authorities is not correct and not and in terms of the ratio of the Apex Court judgment and the Tribunal rulings noted supra. In the absence of any evidence of contemporaneous import as noted in the Apex Court judgment, the impugned order is not correct, legal and proper and hence the same is set aside by allowing the appeal wit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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