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TMI Blog2024 (10) TMI 840X X X X Extracts X X X X X X X X Extracts X X X X ..... of value in terms of Rule 5 of Customs Valuation (Determination of value of Imported Go ods) Rules, 2007 - no import data available for the import of identical goods to decide the value under Rule 4 - HELD THAT:- There are no disputes as regards the relationship between the appellant and the supplier abroad; they are independent entities. It is the well settled position of law that the transaction ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for the Respondent ORDER Per : Shri P. Dinesha It is the case of the original authority that there was a huge variation between the declared value and the value of the similar goods as per NIDB database and hence, the declared value could not be accepted as the true transaction value. He thus holds that the value declared by the importer was liable for rejection under Rule 12 of the Customs Valuat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e implied or on surmises, but is to be made available on record, to be shared with the concerned importer since, if the declared value is rejected or proposed to be rejected, then at least such importer will have an opportunity to adduce all such evidences in support to justify its declared value. 3. It is the case of Sri R. R. Padmanabhan, ld. Chartered Accountant appearing for the appellant, tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... It is the well settled position of law that the transaction value cannot be thrown out unless proved incorrect; such assertion has to be made not on assumptions or surmises, but based on evidences. In case, mere reliance on NIDB data alone to reject the declared value is insufficient, it is held by various Benches of CESTAT that mere adoption of NIDB data without there being any other evidence in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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