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TMI Blog2019 (4) TMI 946X X X X Extracts X X X X X X X X Extracts X X X X ..... Only a price which declared by the assessee and accepted by the department, the bill of entry thereof can only be taken as price of contemporaneous goods. The enhancement of the price and consequential demand, interest etc. are not sustainable - Appeal allowed - decided in favor of appellant. X X X X Extracts X X X X X X X X Extracts X X X X ..... edetermination of value, finalization of assessment and confirmation of differential duty, interest demands and demands. Therefore, the present appeal. 2. Sh. Hardik Modh, Ld. Counsel along with Shri Hasmukh Kundalia, Ld. Advocate appeared for the appellant. Sh. Hardik Modh submits that except the alert notice there is no any evidence to reject the declared value of the imported goods. The SCN relied upon contemporaneous import under Bill of Entry No. 788858/6607 and 788859/6607 wherein the price of USD 2700 PMT was taken. He submits that this price was not a declared price whereas it was a disputed price and enhanced price by the customs. It is a settled law that due to dispute any enhanced price cannot be taken as price of contemporaneou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hey Shyam Ratanlal vs Commr. of Customs 2005 (190) ELT 244 (Tri. Del.) * Bayer India Ltd. Vs Commr. of Customs 2006 (198) ELT 240 (Tri. Mum.) * Kanhaiyalal & Co. vs Commr. of Customs 2003 (151) ELT 674 (Tri. Mum.) * Indian Farmers Fertilizer Co-op. Ltd. Vs CCE 2010 (262) ELT 523 (Tri. Kol.) * Jabs International P. Ltd. Vs Commr. of Customs 2016 (338) ELT 723 (Tri. Mum.) 3. On the other hand, Sh. L. Patra, Ld. Assistant Commissioner (AR) appearing on behalf of the Revenue reiterates the findings of the impugned order. He submits that enhancement were done not only on the basis of public ledger but also on contemporaneous bill of entry, therefore, among both the price, the lowest price declared in the contemporaneous Bill of Entry i. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dispute and enhanced out of such dispute cannot be taken as a price of contemporaneous goods. Only a price which declared by the assessee and accepted by the department, the bill of entry thereof can only be taken as price of contemporaneous goods. Moreover, the enhancement of the price in the case of Laxmi Trading Co., the case was before the Tribunal and the enhancement was set aside by the Tribunal in the case of Ajay Exports and others including the Laxmi Trading Co. (supra) therefore on both the count i.e. either the international price published in the public ledger or contemporaneous price of Laxmi Trading Co., the enhancement is incorrect and illegal. As regard the judgments relied upon by the Ld. AR, we find that the absolutely ide ..... X X X X Extracts X X X X X X X X Extracts X X X X
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