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TMI Blog2024 (5) TMI 428X X X X Extracts X X X X X X X X Extracts X X X X ..... on, whereby the adjudicating authority rejected declared transaction value and re-assessed the goods enhancing the import price besides imposing a penalty of Rs.15,000/- under Section 112 (ii) of the Customs Act, 1962. 3. The short question involved in the present appeal is in respect of the valuation of imported goods (Float Glass Sheets) and whether the declared transaction value called for a revision for assessment purpose. 4. The Tribunal vide its Final Order No.A-349/Kol/2011 dated 16.11.2011, while remanding the matter to the original authority and to decide the matter afresh, had specifically directed the Department to furnish the details of imports relied on by the Department to the importer and adhere to all the prescriptions of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 10A (1) is reproduced below : "10A. Rejection of declared value. - 1. When the proper officer has reason to doubt the truth or accuracy of the value declared in relation to any imported goods, he may ask the importer of such goods to furnish further information including documents or other evidence and if, after receiving such further information, or in the absence of a response of such importer, the proper officer still has reasonable doubt about the truth or accuracy of the value so declared, it shall be deemed that the value of such imported goods cannot be determined under the provisions of sub-rule (1) of Rule 4". Therefore, the revenue seeks to re-workout the said transaction value by adopting the values indicated in respect o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... crease in the value. 2. Where the costs and charges referred to in sub-rule (2) of Rule 9 of these rules are included in the transaction value of identical goods, an adjustment shall be made, if there are significant differences in such costs and charges between the goods being valued and the identical goods in question arising from differences in distances and means of transport. 3. In applying this rule, if more than one transaction value of identical goods is found; the lowest such value shall be used to determine the value of imported goods." 9. It is, therefore, necessary to evaluate the evidence that has been sourced by the department to drum up its case. It may be pertinent to also point out herein that the invoice tendered b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eets are 2 mm, 2.5 mm, 3 mm, 3.5 mm, 4 mm, 5 mm, 6 mm, 8 mm & 12 mm. With the appellants not having imports of 2.5 mm, 3.5 mm, 6 mm, 8 mm and 12 mm reference of such imports are not for a meaningful comparison. We note that in the second case, such quantity for consideration of imported float glass has to be distanced with. This alone is nearly 1935 sqm. (802.63 + 579.68 + 312.26 + 133.82 + 107.06 = 1935.45).Thus, it leaves for comparison nearly 7860 (9795 - 1935) sqm. of imported float glass. We note that the appellant has imported more than double the quantity of float glass sheets vide three Bills of Entry against the one offered for comparison with the case at Sl.No.3 ; whereas as regards the other case offered for purpose of comparison ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t. 12. In view of the above, we are not convinced with the adoption of the revised transaction value based on comparisons as offered, and note that the Department's case cannot be sustained on the basis of evidences as relied upon for the aforesaid reasons and discussions. 13. Proposition of law as related to issues hereinabove have been upheld in the following cases (for records) : (1) Sai Impex Vs. Collector of Customs : 1992 (62) ELT 616 (T) (2) Overseas International Vs. Commissioner of Customs, Chennai : 2001 (127) ELT 599 (T). 14. In view of the aforesaid findings, we set aside the impugned order of the lower authority under challenge and allow the appeal with consequential relief, if any, as per law. (Operative part of the or ..... X X X X Extracts X X X X X X X X Extracts X X X X
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