2007 (2) TMI 110

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... t price - Held that the enhancement is not justified
[Order per : C.N.B. Nair, Member (T) (For the Bench)]. - The appellant imported a consignment of swimming goggles at Delhi and sought their clearance. Invoice dated 14-6-02 to M/s. GBG Global Pvt. Ltd. Singapure was produced in support of price. Without assigning any reason as to why the goods could not be assessed at the transaction value, t .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... have carefully considered the submissions made by the Appellant in the Appeal Memorandum and at the time of Personal Hearing. I observe that the Appellant were fully aware of the market enquiry because first check examination was conducted in the presence of their representative and samples were drawn in his presence on 29-6-02. The market enquiry was completed by 3-7-02, loading of value was rec .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ant found it to be in their interest 'to clear the goods after loading of value without any protest. The case law cited by them pertains to pre-amended version of the (Valuation) Rules, 1998 and cannot be made applicable in the changed scenario." 3. The present appeal is directed against that order. 4. The submission of the learned Counsel for the appellant is that it is well settled that goods .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... dopted for assessment and the loading of value is much less than the percentage at retail level the action of the authorities is required to be upheld. 6. The appeal merits acceptance. No reason has been given for rejecting the transaction value. The learned Counsel for the appellant is right in his contention that transaction value is to be accepted for assessment unless it is found to be not ac .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X