9911796707
TMI Blog2017 (2) TMI 187X X X X Extracts X X X X X X X X Extracts X X X X ..... Rules sequentially i.e. 4,5,6,7 and 8. If Customs Valuation Rules are applied, the absence of contemporaneous imports with certificate and invoice of the supplier not being controverted, the value which is declared by the appellant needs to be accepted as there is no valid reason for adopting or enhancing the valuation of the imports made by the appellant - appeal allowed - decided in favor of appellant. - C/391/07 - A/85475/17/CB - Dated:- 23-1-2017 - Mr. M.V. Ravindran, Member (Judicial) And Mr. C.J. Mathew, Member (Technical) Ms. Pooja Reddy, Advocate for appellant Shri V.R. Reddy, Asst. Commr (AR) for respondent ORDER Per M. V. Ravindran This appeal is directed against order-in-appeal No. 12/2007/Misc.ACC da ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unit is Static Frequency Converter . It is her submission that the static frequency converter was purchased from AXA Power, Denmark and that the invoice of AXA Power for the static frequency converter was mistakenly used and has been certified so by them in the ensuing correspondence. It is her submission that appellant had placed an order for 4 nos. static frequency converters and hence invoice was cumulatively used for those pieces supplied and one yet to be imported for which an advance amount of US $9000 had been paid by the Director of the appellant Company when he visited Netherland. She would also place reliance on the price list of AXA Power and submit that the prices were quoted in EURO and as has been declared by the appellant in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he reliance placed by the lower authorities on the invoice which was recovered from the package of the consignment which indicated US $ 11,900 as the price of one unit is totally misplaced as the same supplier issued certificate which reads as under (as enclosed at page No. 124 of the appeal memorandum). 6.1 It can be seen from the reproduced certificate of the supplier that it categorically states that the supply of goods which are imported is only US $ 3000 and the list price which is enclosed to the said letter also indicates the same. In our considered view though the adjudicating authority had reasons to reject the declared price due to the documents found in the package, he should not have jumped the gun and adopted as value w ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
