2008 (5) TMI 168

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..... ber (J)]. - This appeal filed by the Revenue is against an order of the Commissioner (Appeals) accepting the declared value of the goods imported by the respondents. The respondents had imported a consignment of "Capsaicin USP" from a Japanese company and filed bill of entry dated 4-9-2000 for its clearance, declaring its price at USD 7,500 per kg. The original authority found what was called "con .....

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..... . The very first ground raised by the Revenue is unintelligible. According to the appellant, the very fact that the importer was asked to substantiate the declared value and that, during personal hearing they produced copies correspondence with the supplier shows that the importer, was made aware of the fact that identical goods had been imported at a higher price by another importer around the sa .....

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..... ced by the lower appellate authority on the Hon'ble Supreme Court's landmark judgment in Eicher Tractors v. Union of India, wherein it was held that it was only when the transaction value was rejected that the assessable value should be determined by proceeding sequentially through Rules 5 to 8. As rightly observed by the lower appellate authority, no reason whatsoever was stated by the original a .....

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