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TMI Blog2024 (7) TMI 390X X X X Extracts X X X X X X X X Extracts X X X X ..... ion (Determination of Value of Importers Goods) Rules 2007 and has simply adopted the NIDB data and selectively enhanced value. As discussed above, the Commissioner (Appeals), has given a detailed finding along with reasons while setting aside the Order-in-Original.' There are no reason to interfere with the impugned order - appeal of Revenue dismissed. - HON BLE MR. R. MURALIDHAR , MEMBER ( JUDICIAL ) And HON BLE MR. RAJEEV TANDON , MEMBER ( TECHNICAL ) Shri Tariq Sulaiman , Authorised Representative for the Appellant None for the Respondent ORDER Per R. Muralidhar : The Revenue has filed an application for staying the operation of Order-in-Appeal No.Kol/Cus(Port)/AA/1379/2018 dated 30.07.2018 passed by Commissioner of Customs (Appea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6-75472 dated 21.03.2018 where it is held as follows: 6. From the record, it also appears that the assessing officer has rejected the transaction value without any valid reasons and without new procedure as per Section 14 and valuation rules especially, there is nothing on record that the appellant has 2 Customs Appeal No. 78941/2018 imported the secondary items but the value was considered for the fresh items. No speaking order was passed for enhancement of value. There is nothing on record to suggest that the buyers and sellers of the goods are related persons. Therefore the enhancement of the value is likely to be struck down and rightly struck down by the Commr. (Appeals). [Emphasis Supplied] 7. Hence we do not find any reason to interf ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ustom Valuation Rules specifically provides that transaction value should be the basis for the valuation of the consignment under assessment, unless the transaction value is not representing the full price for the reasons mentioned in the Rule itself. Law does not allow a pick and choose approach Revenue s acceptance of higher prices and rejection of lower prices for assessment is clearly illegal . [Emphasis Supplied] The Hon ble Supreme Court has also supported the same view in its order reported in 2012 (275) ELT A83 (SC). 22. From the above it is found that the assessing officer has rejected transaction values without any valid basis/reasons and without following the due procedure as per section 14 and Valuation Rules, especially when th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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