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TMI Blog2016 (10) TMI 80X X X X Extracts X X X X X X X X Extracts X X X X ..... rices. As such, for comparing the value of one product of the same manufacturer with the other product manufactured by him, it has to be stablished that both types of goods were identical. In the absence of any such efforts made by the Revenue to establish the comparable nature for the imported goods with the other the import, enhancement cannot be upheld. Revenue has not produced an evidence that there was any additional flow back of money to the foreign supplier to whom all the payments were made through ICICI Bank - no evidence on record to reject the transaction value, in which case the value has to be adopted as the correct value. Enhancement of value, demand of duty and imposition of penalty not justified - appeal allowed - deci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... found to be on the lower side. Statement of Shri Saket Kejriwal, proprietor of the importer company were recorded wherein he deposed that they were importing electric motors from M/s. Zhejiang Dasu Electric Machinery Stock Co. Ltd., China and were clearing the same from ICD, TKD New Delhi. The consideration for the said electric motors were paid to their foreign supplier from their company bank account from ICICI Bank Model Town; that order for electric motors were given on phone to foreign supplier and declared value was the correct value which was paid by him to the foreign supplier. He also explained that the variation in the price as declared by him and as adopted by the Revenue from NIDB data is on account of the fact that motors impor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deem the same on payment of Redemption Fine of ₹ 6 lakh and 75 lakh respectively, 5. The said order is impugned before us. 6. After having heard the appellants in person (who is also an advocate) we find that the entire case of the Revenue is based upon the value adopted from NIDB data. It is well settled law that the transaction value reflected in the invoices has to be first rejected by the Revenue as incorrect value, based upon sufficient evidence on record. In the present case, the adjudicating authority has not referred to any tangible evidence on record to show that the transaction value as entered into by the importer and supplier of the goods and as reflected in the invoices produced by the importer is incorrect value. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... examination and as such his opinion cannot be given preference. 7. Tribunal in the case of Neha Intercontinental Pvt. Ltd. vs. Commissioner of Customs, Goa [2006 (202) ELT 530 (Tri-Mum)] has held in the absence of rejection of transaction value, invoice value requires acceptance and when the contemporaneous import of similar goods is not established, value cannot be enhanced. In the case of Commissioner of Customs vs. Modern Overseas [2005 (184) ELT 65 (Tri-Delhi] NIDB data was held to be insuffient, in the absence of clarity about various parameters, List of such decisions is unending and it is sufficient to say that NIDB data has been held to be insufficient for enhancement of value, in the absence of any other independent evid ..... X X X X Extracts X X X X X X X X Extracts X X X X
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