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TMI Blog2024 (6) TMI 966X X X X Extracts X X X X X X X X Extracts X X X X ..... d residue wax is based on the oil contents itself. The oil contained 20% - 40%, which is helpful in determination of the price of the wax. The price of oil in international market is not established. This aspect was not examined before rejecting the valuation declared by the appellants.' The Commissioner (Appeals) has set aside the enhancement of values and reassessed all the bills of entry at declared values. There are no reason to interfere with the detailed and considered order passed by the Commissioner (Appeals) - appeal of Revenue dismissed. - HON BLE MR. R. MURALIDHAR , MEMBER ( JUDICIAL ) And HON BLE MR. RAJEEV TANDON , MEMBER ( TECHNICAL ) Mr. S. Chakraborty , Authorized Representative for the Appellant Mr. Amit Kumar , Advoc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ut any valid basis/reasons and without following the due procedure as per section 14 and Valuation Rules, especially when there is nothing on record to suggest that the transaction values declared by the appellant were not the price actually paid for the goods when sold for export to India. There is also nothing on record to suggest that the buyer and seller of the goods were related or price was not the sole consideration for sale. Therefore, in these circumstances, the enhancement of assessable values is liable to be struck down and set aside and the bills of entry in the impugned appeals are to be assessed at values declared by the Appellant. 6. After this, the Commissioner (Appeals) relied on the decision of this Bench vide Final Order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... record, it appears that the quantities of the slack wax and residue wax is based on the oil contents itself. The oil contained 20% - 40%, which is helpful in determination of the price of the wax. The price of oil in international market is not established. This aspect was not examined before rejecting the valuation declared by the appellants. 8. In respect of other cases, no prices were disturbed and declared value was accepted by the Department. In the instant case, nocomparable quantities have been made out and proper discretions have not been made before rejecting the transaction value. The Hon ble Supreme Court in the case of J.Yashoda Vs. K.Shobha Rani : 2007 (212) ELT 458 (S.C.), observed that for rejection of value, substantial evi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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