2016 (11) TMI 1270

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..... g proper justification for rejecting the transaction values. The enhancement of values ordered by the lower authorities appears to be in the nature of arbitrary and triggered by the fact that some goods stand imported by the importer in the same vessel at different prices. We are of the view that the fact that both the consignments had different prices and have been imported in the same vessel can be no valid reason for disregarding the transaction value. In any case, Revenue has not brought any other documentary evidence to say that the transaction value is to be doubted. The Hon’ble Supreme Court s decision in the case of EICHER TRACTORS LTD. Versus COMMISSIONER OF CUSTOMS, MUMBAI [2000 (11) TMI 139 - SUPREME COURT OF INDIA] support our s .....

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..... hipment of this consignment, the importer further agreed to import additional 1000 MTs of the same goods, however, the agreed price for the additional 1000 MTs was US$ 165 per MT. Both supplies took place in the same vessel and arrived at Cochin Port. The importer filed three bills of entry covering the cargo sold at US $ 146 per MT and another two bills of entry covering the cargo sold at US $ 165 per MT. The customs authorities assessed all the consignments fixing the value at US $ 165 per MT. This has been challenged this on the following grounds: The price of US $ 146 per MT is the transaction value for import of 3000 MT; likewise for the additional purchase of 1000 MT, the transaction value is US $ 165 per MT. As per the scheme of v .....

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..... ed counsel has elaborately submitted that both the values are, in fact, genuine transaction values. Copies of the orders placed and invoices are available for verification. Revenue has enhanced the value of that portion of the imported cargo to the extent of 3000 MTs to US $ 165 per MT from US $ 146 which is the price paid for the balance 1000 MT. We find that the Revenue authorities have enhanced the value without giving proper justification for rejecting the transaction values. The enhancement of values ordered by the lower authorities appears to be in the nature of arbitrary and triggered by the fact that some goods stand imported by the importer in the same vessel at different prices. We are of the view that the fact that both the consi .....

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