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TMI Blog2013 (11) TMI 1427X X X X Extracts X X X X X X X X Extracts X X X X ..... missioner (Appeals) at this stage itself for deciding the case afresh after verifying of the said facts. We, therefore, set aside the order of the Commissioner (Appeals) and direct him to decide the case afresh after considering the evidences produced by the Revenue. Before deciding the case, the Commissioner (Appeals) shall also make available to the Respondent s copy of the references made to the Mumbai Customs and the reply received from them. It is needless to mention that adequate opportunity of hearing should be given to the Respondent, before passing the order - Decided in favour of Revenue. X X X X Extracts X X X X X X X X Extracts X X X X ..... ossession for the period of one year. Since, these two conditions were not fulfilled and the impugned goods appeared to be confiscable for violation of the import policy, accordingly, a show-cause notice was issued for discarding the transaction value. The Joint Commissioner of Customs, Group-VB, Customs House, Kolkata enhanced the price of the vehicle from declared value of Rs.3.5 Lakhs (CIF) to Rs.5,67,,815/- CIF. He also confiscated the car and imposed a Redemption fine of 2.80 Lakhs and imposed penalty of Rs.3,07,452/-. 3. The Commissioner (Appeals) set aside the order of lower authority and accepted the declared value of Rs.3.5 Lakhs (CIF). He also reduced the Redemption fine from Rs.2.80 Lakhs to Rs.1.50 Lakhs and penalty of Rs.3,07, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on value and therefore, the transaction value should be accepted as assessable value. In support of his contention, he relied upon the Tribunals decision in the case of Ashok Odedra Vs. Commr. of Customs, Kandla : 2009 (240) ELT 469 (Tri.-Ahmd.), Commr. of Customs (ICD), New Delhi Vs. M. S. Shoes East Ltd. : 2006 (202) ELT 698 (Tri.-Del.) & Segu Mohammed Hanas Vs. Commr. of Customs, Cochin : 2006 (196) ELT 218 (Tri.-Beng.). The Tribunal in these cases held that in absence of any evidence to reject the transaction value, there is no justification to arrive at the value of the cars on the basis of the list price and after allowing various deductions from the said list price. He enclosed the extract/photocopy of the relevant page of Kelly Blu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d to the catalogue viz. 'World Car Guide 2003' are inclusive of 17.7% VAT. If this is taken and trade discount and depreciation are allowed then the declared price tallies. He further considered/relied on the prices indicated in used care Kelly Blue Book and arrived on the conclusion that by taking the highest price of the said models in 2003 (year of manufacture) and after providing 15% trade discount and 50% depreciation, the value of the vehicle comes to Rs.3.01 Lakhs as against the declared value of Rs.3.07 Lakhs. In these circumstances, he arrived at the conclusion that no case has been made out by lower authority for rejection of assessable value of the goods under Rule 12 of the Customs Valuation Rules, 2007. He therefore held that t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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