2017 (9) TMI 1211

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..... opting any other method for enhancement of the value of the imported goods, first of all transaction value is required to be rejected as incorrect/false on the basis of some evidences. It is only thereafter that the other method of deciding value has to be adopted. At the time of assessing the bills of entry, no evidence stand given for enhancing the value and the same has been done only on the basis of DoV data, by observing that similar goods stand imported at the higher value. No further details are available as to how the present consignment is similar to the earlier imports - The Revenue has neither alleged nor produced any evidence on record to indicate that the value agreed upon between the buyer and the seller or as reflected in .....

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..... by supplier and without first rejecting the transaction value, it is not open to the Revenue to adopt the Directorate of Valuation (DoV) data. They also contended that the order was for a high quantity of yarn and also included second grade yarn with various defects and such goods were stock lot goods and its value cannot be enhanced based upon the import price of any other good quality goods. 3. Commissioner (Appeals) did not find favour with the above contention of the appellant and rejected the appeal. Hence, the present appeal. 4. After hearing both the sides and after going through the impugned order, we find that the only basis for the lower authorities to enhance the value is, the DoV data. It is well settled law that transacti .....

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..... that the value agreed upon between the importer and the exporter is not correct or any consideration of the goods has flown back to the exporter from the appellant. If that be so, we agree with the learned Advocate that the transaction value would reflect the correct assessable value of the imported items. Otherwise also, we find that the reliance by the lower Authorities on the NIDB data is not correct. Apart from above two referred decisions, there is catena of decisions holding so. As such, we are of the view that the impugned orders are not proper and justified. The same are accordingly set aside and appeal is allowed with the consequential relief to the appellant. To the same effect are the decisions of the Tribunal in the case of .....

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