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TMI Blog2023 (10) TMI 541X X X X Extracts X X X X X X X X Extracts X X X X ..... goods referred to in the NIDB data. The Tribunal Benches across India have held that the NIDB data alone cannot be the basis for rejection of the transaction value. There is a reference to under-valuation way back in 2000, no specific reference to the appellant s case, no reference ever made to the price being at arm s length, nor is there any allegation that the transaction was between related parties. In the case on hand, the Revenue has not alleged anything other than relying on NIDB data. The Revenue has to first establish that the goods imported and contemporaneous goods are identical in the first place before proceeding further, which exercise has not at all been done by the Revenue in the case on hand - The Hon ble Apex Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and Date Unit Price Description and Dimension Country of origin Declared (USD)/Sqm Assessed (USD)/Sqm 1. 460680/31.01.03 3.1 3.1 Polished Porcelain Tile/500x500mm Singapore 2. 462601/07.02.03 3.1 3.1 Polished Porcelain Tile/500x500mm Malaysia 3.3 3.3 600x600mm 3. 465051/18.02.03 3.3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as under-valuation by the appellant in the impugned imports, but quite comfortably the NIDB data has been relied upon to reject the transaction value and the value has consequently been jacked up, equated with that of the so-called contemporaneous imports. 4.1 We have perused the table reproduced by the original authority at paragraph 6 of her order, but however, what is conspicuously missing is as to why and how the appellant had under-valued its imports. There is also no discussion as to the quantity of import, commercial level and other data insofar as the NIDB data referred to is concerned, nor do we find anywhere as to any discussion by the original authority as to how the same were comparable with the impugned goods on hand, import ..... X X X X Extracts X X X X X X X X Extracts X X X X
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