9911796707
TMI Blog1998 (2) TMI 219X X X X Extracts X X X X X X X X Extracts X X X X ..... ]. Short question involved in both these matters is similar and therefore, a common order is being passed in both the cases. 2. Both the appellants herein imported certain component parts of Umbrella, but did not import some other parts of Umbrella. Each of the appellants declared certain value as per their invoices. The Revenue intends to charge the duty on the basis of value proportionat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the components and sought to enhance the value. After due process of adjudication, values had been enhanced on that basis. Hence these appeals before the Tribunal. 3. Learned Advocate, Shri P.K. Das for the appellants urges that no adequate evidence or good reason has been furnished by the Revenue for discarding the transaction value. Merely because the importations formed a percentage of the fu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ses. He, therefore, submits that the transaction value declared by the appellants for assessment, should be adopted and the enhanced value be set aside. 4. Opposing the contentions, learned JDR, Shri R.K.Roy for the Revenue submits that there was an intelligence with the Customs Authorities that the importers of components of Umbrella have been engaged in large-scale under-valuation of component ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion of goods, unless it can be discarded for valid reason. We observe that discarding the transaction value on the basis of intelligence is not appropriate. In the absence of proper ground for discarding the transaction value, the valuation under Rule 8 i.e. under best judgment, cannot be resorted to. Learned Advocate, Shri P.K. Das is on the strong grounds for not adopting the pro rata value, wh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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