2015 (12) TMI 789

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... er under Rule 4 or Rule 5 of Customs Valuation Rules, 1988, which has not been done and which clearly shows that department has not done the re-determination on the basis of value of on contemporaneous of imports. The very fact that re­determination has been done under Rule 8 clearly shows that the basis for re-determination is not contemporaneous value of imports. A copy of the market inquiry rep .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... er - Decided against Revenue. - C/247/2004-Mum - Final Order No. A/1752/2014-WZB/C-I(CSTB) - Dated:- 19-11-2014 - Shri P.R. Chandrasekharan, Member (T) and Ramesh Nair, Member (J) Shri A.K. Singh, Addl. Commissioner (AR), for the Appellant. None, for the Respondent. ORDER Revenue is in appeal against Order-in-Appeal No. Pune-Cus./BKS/54/2003, dated 10-11-2003 passed by the Co .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... appearing for the Revenue submits that there are evidences available for not accepting the value declared by the respondent and for enhancement of the value of subject goods at US $ 900 PMT(CIF) under the provisions of Rule 8 of Valuation Rules after conducting market inquiry and therefore, the value determined under Rule 8 and read with Rule 7 being a permissible mode of valuation, the re-determi .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... restored. 3. None represented the respondent despite notice. On previous occasions also, i.e., on 26-3-2014 and 30-7-2014, there was no representation on behalf of the appellant. 4. We have carefully considered the submissions made in appeal memorandum and also the arguments advanced by the ld. departmental representative. 5. We note that if contemporaneous value of imports were available .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... uld have been co-opted. Thus the evidentiary value of the so-called market inquiry itself is suspect. Further, we note that the lower appellate authority while considering the valuation done by the assessing authority has relied upon the decision of the Apex Court and the Tribunal in similar circumstances and has come to the conclusion that the loading of value done by assessing authority is wit .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X