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TMI Blog2017 (7) TMI 80X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the impugned order has proceeded directly to rule 8 without sequentially applying the rules preceding it. It is also seen from the appeal before us that an agreement for a substantially large order had been contracted with the seller in Singapore who had entered into an agreement for supply by the manufacturer. The impugned order has failed to take notice of this agreement which must be considered relevant, in the absence of any contemporaneous imports, for determining the appropriateness of the declared value. The assessable value had not been mis-declared by the appellant - At the same time, the appellant has not been able to establish that the inconsistencies pointed out are borne out by facts and are not mere inferences. The ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reject the declared value for assessment of the goods in accordance with the pricelist as well as prices of contemporaneous imports. 2. Appellant proceeded to seek writ remedy from the Hon'ble High Court of Bombay and, in accordance with directions, was allowed provisional assessment which was finalised within the specified timeframe. The goods were provisionally assessed and allowed clearance following which show cause notice dated 14 th September 2006 was issued to the importer. The notice proposed the adoption of prices of contemporaneous imports for 24 of the 32 types of HCH 'ball bearings' and prices in the list of 1 st June 2000 that was available with the assessing authority for the other types. The notice proposed r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... there is lack of wherewithal to assess owing to inadequacy of information. Finalisation of provisional assessment should necessarily follow the bridging of the void that precluded assessment. It would appear from the show cause notice that, except for the authenticated pricelist/invoice of the manufacturer, necessary information was available with the assessing authority at the time of import which the importer was called upon to make available. Though the show cause notice does assert that the authenticated pricelist/invoices of manufacturer had been called for from the appellant, we notice, from the record of proceedings as narrated in the impugned order and from the reply to the show cause notice, that there is reason to entertain some d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the transaction value under Rule 4(1) except the price list of vendor. In doing so, the Assistant Collector not only ignored Rule 4(2) but also acted on the basis of the vendor's price list as if a price list is invariably proof of the transaction value. This was erroneous and could not be a reason by itself to reject the transaction value. A discount is a commercially acceptable measure, which may be resorted to by a vendor for a variety of reasons including stock clearance. A price list is really no more than a general quotation. It does not preclude discounts on the listed price. In fact, a discount is calculated with reference to the price list. Admittedly in this case discount up to 30% was allowable in ordinary circumstances by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on proceedings. It would, therefore, appear that the adoption of the values in the pricelist for assessment would not be consistent with rule 8 of the Rules supra. It would also appear that the impugned order has proceeded directly to rule 8 without sequentially applying the rules preceding it. It is also seen from the appeal before us that an agreement for a substantially large order had been contracted with the seller in Singapore who had entered into an agreement for supply by the manufacturer. The impugned order has failed to take notice of this agreement which must be considered relevant, in the absence of any contemporaneous imports, for determining the appropriateness of the declared value. 6. Though the impugned order asserts tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... acts and are not mere inferences. The existence of authenticated pricelist as well as contemporaneous imports with higher declared value cannot be ruled out. Revenue 'cannot be allowed to be jeopardised owing to less than diligent application of mind in adjudication. Sufficient evidence had been furnished to the appellant in the show cause notice as to justify the initiation of proceedings. Those proceedings must be brought to culmination by the competent authority after due consideration of the show cause notice the various evidences adduced therein and those produced by the noticee. It would, therefore, be appropriate that this exercise be undertaken with promptitude. 8. To enable that, we set aside the impugned order and remand th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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