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TMI Blog2017 (3) TMI 283X X X X Extracts X X X X X X X X Extracts X X X X ..... bove referred bills of entry declaring thereunder the transaction value. On examination, the goods were found to be as per declaration. But the adjudicating authority loaded the declared assessable value. The appellant after paying duty on the loaded value cleared the goods. Thereafter, the appellant filed the appeals before the Ld. Commissioner (A) on the ground that the assessment at the loaded value is contrary to the provisions of Section 14 of the Customs Act, 1962 read with Rule 3 of the Customs Valuation (Determination of price of imported goods) Rules, 2007. Therefore, the transaction value cannot be rejected. But the ld. Commissioner (A) confirmed the orders to adjudication. Aggrieved from the said orders, the appellant is before u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in this case the value of goods has been enhanced on the basis of alert/circular issued by Commissioner of Customs JNCH Nava Shiva, Mumbai and contemporaneous price was taken from the bills of entry assessed and cleared. 7. The ld. AR relied on the decision of M/s Techno Marketing (Supra) to say that declared price can be enhanced on the basis of alert/circular. We have gone through the case of M/s Techno Marketing (Supra) in the said case the main importer was asked to produce the supplier invoices but the imported failed to do so. In that circumstances, relying on the letter of Commissioner of Customs, the price was enhanced. These facts are not applicable to the case in law. The decision in the case of M/s Single Bearing Co. (Supra) has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncerned with the said valuation Rules, therefore, the declared value cannot be enhanced on the basis of DRI alert. 9. In the impugned order, we find that the Commissioner (Appeals) has relied on the assessed value and not the value declared. Rule 5 of the Valuation Rules provide for enhancement of the value is to be done as per said rule. Moreover, the declared value is found less than the assessed value which cannot be the basis of enhance the value. In this case, the department has assessee identical goods at the rate of 2.85 US$ per kg whereas the value declared by the appellant ranges between 2.00 US$ to 2.63 US$ per kg. The price which has been adopted to be assessed is not the declared value. In fact, the same is the assessed value. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the appellant has to be accepted as the transaction value. Consequently, the enhancement of the value made by the lower authorities are not sustainable in law. Hence, the appeal is allowed with consequential relief, if any. 10. Further, in the case of Samar Polytex Ltd. (Supra) again this Tribunal has observed as under: 6. We have carefully considered the submissions. The principles based on which the declared transaction value can be rejected and value of contemporaneous can be adopted are well settled. A comparison of prices of goods of two distinct varieties, (i.e. nylon with polyester- nylon mix) and that too from two different countries is not permissible. Further, the price adopted was not the actual import price but the price ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ods, there is virtually no reasons to reject the transaction value. It is also a settled law that DRI alerts cannot be adopted as a reason for enhancing the value. As such, we find no infirmity in the views adopted by the Commissioner (A) so as to interfere in the impugned order. Accordingly, the appeals filed by Revenue are rejected. 13. In view of the above discussion, we hold that the value of imported goods in question cannot be enhanced on the basis of DRI alert and the basis of assessed bill of entry in question, therefore, the impugned orders are set aside. 8. As discussed above neither transaction value of the goods have been rejected under Section 14 of the Customs Act, 1962 and there is no contravention import of such goods was ..... X X X X Extracts X X X X X X X X Extracts X X X X
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