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TMI Blog2016 (6) TMI 66X X X X Extracts X X X X X X X X Extracts X X X X ..... of Rs. 3,65,569/-, Along with filing of Bill of Entry they submitted a certificate issued by Shri Rajender Pal, Chartered Engineer whereas the consignment was valued at USD 70100 as against the declared transaction value of USD 58865. 2. Suspecting the value of consignment of be further on the lower side, the examination of goods was subsequently conducted by the officers of Special Investigation Branch through Shri Sanjeev Agarwal, Chartered Engineer, in the presence of the representative of CHA as also the representative of Cannon brand manufacturers in India. As per the certificate given by Shri Sanjeev Agarwal, the value of goods was under valued to the extent of 250% and the same should have been to the extent of Rs. 94.19 lakh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y, he deposed that the valuation was given by him on pro rata checking of the records and as per the prevailing practice of ICD Tuglakabad. He further submits that had he investigated 100% photocopier machines, he might have given a different report. As such, he agreed with the fact that report given by Shri Sanjeev Agarwal, Chartered Engineer is more authenticated certificate of valuation inasmuch as the same is based upon 100% physical verification and details as per the panchnama dated 15.6.09. 4. Based upon the above, the appellants were given a show cause notice proposing to enhance the value of the imported goods as also proposing confiscation of the same and imposition of penalty on the importer as also on the proprietor of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... contention that machines were of different year of manufacture, it was not understood as to how the valuation of the same was arrived at by Shri Sanjeev Agarwal, who had not given the valuation in relation to the year of manufacture. Accordingly they prayed for cross examination of Shri Sanjeev Agarwal which stand declined by the adjudicating authority. As such, by adopting the value given by Shri Sanjeev Agarwal, the adjudicating authority enhanced the value of the imported goods, demanded duty and also confiscated the imported goods with an option to the appellant to redeem the same on payment of redemption fine of Rs. 20 lakh. In addition, penalty of Rs. 10 lakh was imposed on M/s. Divine International and hence the present appeal. 6.& ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... amination and circumstances of sale of the imported goods indicated that relationship did not influence the price. As such, it is clear from the reading of the said rule that transaction value is required to be accepted as correct assessable value unless the circumstances mentioned therein are available. Even in the case of related parties, the transaction value has been given importance provided the relationship has not influenced the said transaction value. As such, we are of the view that there being no evidence, much less an allegation to the effect that transaction value stand influenced by any circumstances mentioned in said Rule and in the absence of any allegation of flow back of money to the seller of goods, the transaction value h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te, when there is no evidence of declared value as incorrect or of additional payment to supplier over and above, the declared value, cannot be accepted. 8. In view of the fact that Revenue has not advanced any evidence to show that transaction value was not correct and has in fact have not rejected the transaction value and in view of clear legal position as emerging from the above declared decisions, we are of the view that transaction value was required to be adopted as correct assessable value. In the light of said conclusion arrived at by us, we find no reasons to go into the other pleas of the appellant as regards the correctness of the value adopted by the Chartered Engineer. 9. In view of the above discussion, we find no merits in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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