2024 (10) TMI 840

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..... Satyanarayanan , Authorized Representative 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 fo .....

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..... er officer has "reason" to doubt, such reason cannot be 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 .....

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..... ant and the supplier abroad; they are independent entities. 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 adop .....

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