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TMI Blog2018 (2) TMI 1268X X X X Extracts X X X X X X X X Extracts X X X X ..... spondent has filed cross-objections which are actually in support of the First Appellate Authority's order and has annexed various documents indicating the contract signed by them with the Chinese manufacturer/exporter and also the prices which have been offered to them. When these documents were produced before the First Appellate Authority, which have been considered by the said authority and th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e. The said value was sought to be enhanced based upon the contemporaneous imports. The adjudicating authority assessed the bill of entry without providing the contemporaneous value to the respondent herein to contest the same. Respondent discharged the assessed customs duty under protest and preferred appeal before the First Appellate Authority; who after following due process of law set aside th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... temporary imports, he has not bothered to cite any contemporaneous imports of higher value. In the instant case, the imports have been made directly from the Chinese manufacturer supplier and there is absolutely no reason as to why the invoice value should not be considered as the transaction value. While the Appellants have contended that the payment was made to the supplier through the normal ba ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s - Transaction value cannot be rejected since it is probable to reduce the offer price and also because prices of computer items are subject to wide fluctuations due to rapid growth of information technology - Case Law relied on by appellant relevant - Value declared by appellants to be accepted - impugned orders set aside - Section 14 of Customs Act, 1962 RASHESH COO Vs COMMR. OF CUS. ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ctually in support of the First Appellate Authority's order and has annexed various documents indicating the contract signed by them with the Chinese manufacturer/exporter and also the prices which have been offered to them. When these documents were produced before the First Appellate Authority, which have been considered by the said authority and the integrity and genuineness of the document ..... X X X X Extracts X X X X X X X X Extracts X X X X
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