TMI Blog2005 (10) TMI 184X X X X Extracts X X X X X X X X Extracts X X X X ..... letter dated 19-6-98 where it has been pointed out in respect of Integrated Circuit there is no uniformity in the assessment practice of this item and that different values are being accepted by different Customs Houses and it is also pointed out that where the parameters like the country of origin, part number, quantity, commercial level, timing of import etc. are identical or comparable, the assessable values differ significantly. As regards Integrated Circuits (IC), the statement along with this letter shows that the ICs which are imported by the appellant are being imported into India declaring different prices, if we go by the Valuation Rules than the lowest value is to be taken for the purposes for assessment. In respect of the trans ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed value the assessment was made and appellant paid duty and got cleared the good. The import was made in the year 1988 and thereafter a show-cause notice was issued on 21-6-2000 on the ground that appellant suppressed the value of the imported goods and after relying upon the contemporaneous imports, the adjudicating authority enhanced the value of the goods as proposed in the show cause notice and imposed penalties. The appellants are not challenging the first enhancement in respect of value of the goods imported by them on which duty has been paid. The appellant challenging the second enhancement and imposition of penalties. 3. The contention of the appellant is that the Revenue on the basis of a letter issued by the Directorate of Valua ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ue was enhanced on the basis of that import, therefore, the predetermination of the Value second time is not sustainable the appellant also submitted that as per the valuation Rule of 3,5,6 that, if there is more than one transaction value of identical goods is available the lowest of such value has to be taken for determination of the value of the imported goods. The appellant also produced the data supplied by the Directorate of Valuation which shows that the goods in requesting are being imported at widely varying prices, therefore, in this situation, the lowest value is to be taken into consideration which is almost at par with the value declared by them. The contention of the appellant is also that in the first Bill of Entry, the goods ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cause notice was issued to the appellant for enhancement of the value of the goods on the basis of import made by other importers. The contention is that in case of suppression Revenue can issue a show-cause notice for recovery of the duty short paid within five years. The contention is also that the value was enhanced on the basis of same goods imported by other importers. 5. In this case, the value of the goods imported by the appellants were enhanced first time by the Revenue and that enhancement was not questioned by the appellant and duty was paid. Subsequently, a show-cause notice was issued referring 14 instances of import made by other importers of the same goods on higher value. We find that out of this 14 instances mentioned in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellant M/s. Electromark denied the issuance of the quotations which was relied upon by the Revenue. Another instance is relied upon by the Revenue for enhancing value of transistors is imported by N. K. Overseas vide bill of entry dated 11-9-98. We find that the Tribunal in the case of Parag Sheth (supra) where the Revenue relied upon the same bill of Entry for enhancing the value of the goods imported by Parag Sheth set aside the order whereby the value was enhanced on the basis of import of Ms N.K. Overseas. In these circumstances, we find that the enhancement of the value of the imported goods second time by issuing a show cause notice is not sustainable hence set aside. Consequently, penalties are also set aside and the appeal i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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