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TMI Blog2017 (11) TMI 1440X X X X Extracts X X X X X X X X Extracts X X X X ..... ls of Entry. The goods were assessed and cleared. Later, show cause notice cum demand was issued to reassess the said Bills of Entry and pay the demand of differential customs duty on the ground that value was not correctly declared. The Revenue proceeded on the ground that similar goods imported through Nhava Seva Customs was assessed and cleared with unit price of Rs. 141/- to Rs. 230/- during the material time. The notices were adjudicated resulting in the impugned order. The original authority rejected the earlier assessed value of Rs. 1,14,40,872/- and reassessed the same to Rs. 1,99,33,560/-. Accordingly, differential Customs duty of Rs. 38,76,906/- was confirmed against the appellant. A penalty of Rs. 10 lakhs was i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... yment for consideration for import items were found to be not tallying with the purchase order and there were serious questions about the transaction value with the exporter based on high sea sales. There was sufficient justification to reject the value declared by the importer and to adopt the value of similar goods imported through Nhava Seva during the material time by invoking Rule 8 of the Valuation Rules. He submits that there is no legal infirmity in the impugned order and prays for rejection of appeal. 4. We have heard both sides and perused appeal records. The assessment of cleared goods was sought to be reassessed based on certain data of the import through Nhava Seva Customs. We have perused the documents ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uired to be accepted. The valuation relating to Valuation Rules can only be done when the transaction value is rejected for valid reasons. Relying on the decision of Hon'ble Supreme Court in Eicher Tractors Ltd. Vs CC Mumbai - 2000 (122) ELT 321 (SC), the Tribunal held that transaction value cannot be rejected on the basis of availability of data value for contemporaneous import of similar goods. This may at best raises a suspicion on the transaction value but cannot form basis for refixing the value. 5. In view of the above discussions and analysis, we find that the impugned order failed to justify reassessment with legal basis. Accordingly, the same is set aside. Appeal is allowed with consequentia ..... X X X X Extracts X X X X X X X X Extracts X X X X
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