2006 (4) TMI 384

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... [Order per : S.L. Peeran, Member (J)]. This appeal arises from OIA No. 418/03-Cus., dated 8-12-03 passed against the appellants confirming the valuation of 16 items of motor cycle parts. The appellants had mis-declared a few items for which penalty has also been imposed. The department has proceeded to enhance the valuation based on the valuation arrived by local trader in Bangalore. This .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... elies on the judgments of the Tribunal rendered in the case of K.V. Impex v. CC, ICD, TKD, New Delhi [2003 (157) E.L.T. 491 (T) = 2004 (60) RLT 38] wherein the Tribunal has set aside enhancement of value in similar circumstances. Learned counsel also pointed out that the appellant is a proprietor concern. The impugned order has imposed penalty both on the concern as well as on the proprietor which .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... otor cycle parts. The appellants had also produced catalogue of local prices of parts sold by Yamaha Motorcycle India Ltd., which is lower than the price given by the local trader from whom the department has taken the prices. In terms of the cited judgments, the transaction value cannot be rejected. The procedure adopted by the Department to enhance the value of the goods is rightly assailed. The .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X