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TMI Blog2017 (11) TMI 1452X X X X Extracts X X X X X X X X Extracts X X X X ..... arket enquiry to arrive at the value on computation - the methodology adopted by the Revenue by simply relying on the Chartered Engineer certificate who examined the raw material cost, cost of production etc. is not acceptable - matter is remanded to the original authority to re-determine the issue in all aspects after hearing the party - appeal allowed by way of remand. - Customs Appeal No.53685 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... quiries were being conducted, the officers initiated enquiry regarding valuation of goods. The original authority refixed the assessable value applying the provisions of Rule 8 of Customs Valuation Rules and demanded differential duty of ₹ 21,40,040/-. He also imposed penalties under Section 114A and Section 114AA of the Customs Act, 1962 on the appellant. On appeal, the same was confirmed b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by the Chartered Engineer as the items were not made in India. He contested that in the absence of comparable or identical goods even if the provisions of Rule 8 are to be followed, the same should be on reasonable basis. 4. Ld. AR for the Revenue submitted that the Chartered Engineer has examined the issue and he has valued the imported items. The services of Chartered Engineer is regularly ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... manufactured outside India. The costing of such manufacture and other incidental charges are not available in India. How the costing has been arrived by the Chartered Engineer is not clear. Admittedly, the Chartered Accountant is an expert only with reference to quality, nature and function of any machinery or engineering items. He is not expected to do costing of raw material and manufacturing c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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