9911796707
TMI Blog2024 (1) TMI 345X X X X Extracts X X X X X X X X Extracts X X X X ..... e 4 or Rule 5 of the Customs Valuation Rules, cannot be upheld. In view of above, appeal filed by Revenue is dismissed. - HON BLE MR. RAJU, MEMBER (TECHNICAL) And HON BLE MR. SOMESH ARORA (JUDICIAL) Shri Sarju Mehta, Chartered Accountant appeared for the Appellant Shri A.R. Kanani, Superintendent (Authorized Representative) for the Respondent ORDER RAJU This appeal has been filed by Revenue against the order of Commissioner (Appeals) setting aside the order in original passed by the Deputy Commissioner. 2. The issue involved in the instant case relates to import of stock lot of plastic films imported by Ms. Do Best Infoway. The value declared by the applicant assessee was rejected by the original adjudi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ind that Rule 12 ibid is attracted in this case and thus, the values declared in subject Bills of Entry are liable to be rejected. M/s. DO Best Infoways challenged the said order before the Commissioner (Appeals) who allowed the appeal observing as follows: 7. The adjudicating authority has upheld the enhancement of value in terms of Rule 5 of Customs Valuation (Determination of Value of Imported Goods) Rules, 2007, the contents of which are reproduced as follows: 5. Transaction value of similar goods.- (1) Subject to the provisions of rule 3, the value of imported goods shall be the transaction value of similar goods sold for export to India and imported at or about the same time as the goods being valued: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... officer in the subject 12 Bills of Entry. However, in the impugned order, there is no mention of how the comparisons have been made and there is no evidence adduced to substantiate such comparison. Therefore, the enhancement of value under Rule 5 of Customs Valuation (Determination of Value of Imported Goods) Rules, 2007 is not t maintainable in the present case for want of reason or evidence. Thus I find that there is merit in the appeal filed by the appellant and the impugned order is liable for rejection. 3. It is noticed that Revenue was at no stage produced a comparable import data of other importers and in absence of that, it was not viable for them to reject the declared value. We have perused the grounds of appeal and we ..... X X X X Extracts X X X X X X X X Extracts X X X X
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