2008 (4) TMI 91

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..... eld that Rule 5 is applicable only on basis of contemporaneous goods - invocation of Rule 5 for fixation of assessable value based on local market inquiry by the original authority, in not legal - C/245/2005 - C/96/2008-(PB), - Dated:- 8-4-2008 - Justice S. N. Jha, President and Shri M. Veeraiyan, Member (T) Shri B.K. Singh, DR, for the Appellant. Shri V.K. Singh, Advocate, for the Re .....

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..... 88. (c) Consequent to enhancement of value, he confirmed differential duty of Rs. 2,29,548/-; he also confiscated the goods and allowed the same on payment of redemption fine of Rs. 1,00,000/-; he also imposed a penalty of Rs.60,000/-. (d) The Commissioner (Appeals) did not find the method by which the value has been enhanced as legal and allowed the appeal of the respondent. 3. The learne .....

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..... for variation in commercial level, quantum of imports etc. as envisaged therein. We are not able to appreciate the invocation of Rule 5 for fixation of assessable value based on local market inquiry by the original authority. In view of the above, the decision of the Commissioner (Appeals) cannot be held unreasonable. 5. The cross-objection is really in the nature of submissions in support of .....

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