9911796707
TMI Blog1997 (2) TMI 302X X X X Extracts X X X X X X X X Extracts X X X X ..... nt]. The issue in the appeal relates to the valuation of the impugned goods. The original authority enhanced the value from US $ 25 per kg. to US $ 29 per kg. based on recorded prices. The learned lower appellate authority however accepted the plea of the appellants for acceptance of the value of US $ 25 as invoiced. The learned lower appellate authority has held as under in this regard :- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not indicated why he has apopted the invoice value which is 7 months old. The appellants have produced all documentary evidence in support of their invoice price such as price list, sales confirmation, letter of credit etc., and also produced sales confirmation to two other importers indicating the same price. In the grounds of appeal following has been urged :- (1) There was a difference i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Customs Act, 1962 and on the basis of date available in India. In terms or interpretative notes to Rule 8 the methods of valuation to be employed under Rule 8 may be those laid down in Rules 4 to 7, inclusive, but a reasonable flexibility in the application of such methods would be in conformity with the aims and provisions of Rule 8. Accordingly, in the instant case also, the ninety days re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he department rightly can have resort to Rule 8 of the Valuation Rules. He, however, could not clarify as to on what basis the transaction value could be discarded in the face of the evidence which was produced by the respondent before the authority below. He has merely stated that recorded price should form the basis for the value. The respondent are absent and there is no request for adjournment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... herefore unless it could be shown that the invoice price for the goods was in anyway manipulated or there were some extra commerical considerations involved the invoice price in view of the evidence produced before the lower authority cannot be discarded. We observe that in the facts and circumstances of the case, the learned lower authority s reliance on the evidence of earlier imports produced c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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