2005 (9) TMI 572

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..... r (J) (Oral)]. This application filed by the Revenue (appellant) seeks stay of operation of the impugned order. After examining the records and hearing both sides, we are of the view that the appeal itself should be disposed of at this stage. Hence, after dismissing the stay application, we proceed to deal with the appeal. 2. In the impugned order, the Commissioner (Appeals) rejected the R .....

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..... e submissions, we find that, admittedly, value of the goods was enhanced by the original authority on the basis of proforma invoice issued in December 2001 by the supplier of the goods, to another party. The subject import was made in July 2002. There is a gap of more than six months between the two. Even otherwise, as rightly noted by the Commissioner (Appeals), a proforma invoice is in the natur .....

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