9911796707
TMI Blog2013 (12) TMI 36X X X X Extracts X X X X X X X X Extracts X X X X ..... peals) set aside the enhanced value of flatbed knitting machine/crochet yarn machine - Held that:- the chartered engineer’s certificate has endorsed the value declared by the respondents as the correct value. The chartered engineer was appointed by the Revenue itself and its opinion cannot be discarded lightly. Further, as pointed out by the ld. Advocate and as also recorded in the impugned order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respondent from China. The value declared by the importers was US $ 3,000 per set. The said value was enhanced by the assessing authority to US $ 4,500. The said enhancement was challenged by the respondent before Commissioner (Appeals). 3. The appellate authority in his impugned order observed that the goods were subjected to examination under first check procedure to ascertain the physical con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cleared the goods by payment of duty at the higher value of US $ 4,500 per set and no protest was ever lodged by them. He referred to the decision of Tribunal in the case of Saraswati Sales Corporation reported as 2011 (266) E.L.T. 237 (Tri.) wherein it was held that enhanced value accepted on behalf of importer by Customs House Agent, the assessee or the importer could not challenge the enhanceme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of entry and cannot be held to be a contemporaneous evidence. 6. We agree with the ld. Advocate for the respondents. There is a transaction value which stands declared as assessable value by the respondents. Revenue has not adduced any evidence to discard the said transaction value. It is well settled law that for adopting the other measures for enhancement of the assessable value, the transact ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
