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TMI Blog2016 (8) TMI 1402X X X X Extracts X X X X X X X X Extracts X X X X ..... ancement of the declared value, it is necessary that assessing officer should have given opportunity to the assessee and also cite the proper reasons for not accepting the declared value and what is the basis of the enhancement of value and basis of quantum of enhancement. No efforts was made by the assessing officer to find out the fact in this regard. In the show cause notice also no reason ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es Ltd. and declared the invoice value of US $ 300 PMT. The department assessed impugned goods at US $ 450 PMT. Being aggrieved by the enhanced value, the appellant filed appeal before the Commissioner (Appeals). In the appeal before Commissioner (Appeals), the appellant raised ground that enhancement of the value was made arbitrarily without any basis. Ld. Commissioner (Appeals) rejected the appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rules, 1988, declared value cannot be rejected, accordingly no enhancement of value can be made. In this regard, no such exercise was carried out by the Assessing Officer in order to enhance the value, therefore enhancement of the value is illegal and not acceptable. 3. On the other hand, Shri Kamal Puggal, ld. Asstt. Commissioner (A.R.) appearing on behalf of the Revenue reiterates the finding ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... directly on the Bill of Entry at the time of assessment, which is gross violation of principle of natural justice. Despite above lapses on the part of the Assessing Officer, the ld. Commissioner (Appeals) did not appreciate that there is violation of principle of natural justice and wrongly concurred with enhancement of the value done by the assessing officer. We found that the impugned order is n ..... X X X X Extracts X X X X X X X X Extracts X X X X
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