9911796707
TMI Blog2002 (1) TMI 739X X X X Extracts X X X X X X X X Extracts X X X X ..... n, SDR, for the Respondent. [Order per : Jeet Ram Kait, Member (T) (Oral)]. The Commissioner of Customs vide his Order-in-Original No. 88/CAU/Chennai/60/2000, dated 11-12-2000 has rejected the transaction value and enhanced the assessable value from US $ 0.613 per piece (CIF) to US$ 0.81 per piece CIF. He has also confiscated the goods under Sections 111(d) and 111(m) of the Customs Act, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her submitted that these goods were classifiable under ITC (HSN) code 8523 9003.90 wherein Video cassettes were restricted goods up to 31-3-2000. Thereafter with effect from 31-3-2000 vide Notification No. 2 (RE-2000)/1997-2002, dated 31-3-2000 the item had been shifted from restricted item to free list . Therefore, their Bill of Entry which has been filed on 21-6-2000 is after this date an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mi Colour Lab v. CC as reported in 1992 (62) E.L.T. 613 wherein it has been held that acceptance by assessee of enhanced value proposed by department due to his urgency to clear the goods does not preclude him from challenging in enhancement by way of appeal. This judgment of the Tribunal has been confirmed by the Hon ble Supreme Court as reported in 1997 Vol. 90 Part 3 A183 and the appeal of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Heard Ld. SDR, Shri G.S. Menon, who reiterates the department view in the matter. 4. Heard both sides. We find that no import license is required on these items after they were shifted from the category of restricted item to free item vide Notification No. 2 (RE-2000)/1997-2002, dated 31-3-2000. Since these goods have been imported after this item was shifted from restricted list to free list th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ods are getting cheaper in the competitive world and therefore comparing the imports which were made 9 months back is not contemporaneous and cannot be compared. The period for comparing is normally between 3 months. Therefore, the value cannot be compared and they are not identical goods under Rule 5 of the Valuation Rules, 1988. The order of the ld. Commissioner enhancing the value is not in con ..... X X X X Extracts X X X X X X X X Extracts X X X X
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