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TMI Blog2023 (12) TMI 1178X X X X Extracts X X X X X X X X Extracts X X X X ..... lue - contemporaneous imports as well as NIDP data not considered - HELD THAT:- First of all, the Appellant has not been put to notice as to why the transaction value cited by him is not acceptable to the Department. After this, Rule 4 to Rule 12 of CVR, 2007 have to be followed sequentially to arrive at the value of the imported consignment. In this case, this procedure also was not followed. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... USD per gross 1. PP-21 .124 2. PP28 .206 3. PP32 .246 The Appellant was issued Show Cause Notice as to why the value adopted by them should not be rejected in terms of Rule 12 of the Customs Valuation Rules, 2007. The Department went on to revise the rate as per the following table:- SI No. Variety Rate in USD As per Appellant Rate in USD As per Department 1. PP-21 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d at for charging the Customs duty. The Learned Advocate also submits that such procedure is not specified anywhere in the statute and hence, he prays that the present Appeal may be allowed. 3. The Learned AR reiterates the findings of the lower Authorities. He submits that the officials had gathered information about the purchase and sale of identical products within India and then prepared Mark ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n taken as part of the evidence to arrive at the average price as has been given by the team. Further on this average price, 60% discount has been given to arrive at assessable value. There is no legal provision for adopting such adhoc practice in the matter of the Customs valuation. 6. First of all, the Appellant has not been put to notice as to why the transaction value cited by him is not acce ..... X X X X Extracts X X X X X X X X Extracts X X X X
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