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TMI Blog2025 (2) TMI 381X X X X Extracts X X X X X X X X Extracts X X X X ..... does not modify the transaction value but only rejects it as the assessable value for determination of the duty. As per Valuation Rule 3, assessment must be done as per the transaction value subject to Valuation Rule 12. In other words, if the transaction value is rejected under Valuation Rule 12, then assessment cannot be done as per transaction value. If it is not rejected under Valuation Rule 12, then assessment must be done as per the transaction value. If the transaction value is rejected under Valuation Rule 12, valuation must be done as per Valuation Rules 4 to 9 sequentially - Rule 4 provides for valuation as per the value of identical goods. If value cannot be determined as per Rule 4 because there are no contemporaneous imports ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and re-assessing the duty as per the values of similar goods and the Commissioner (Appeals) was correct in upholding order of the Deputy Commissioner.
The impugned order is upheld and the appeal is dismissed. X X X X Extracts X X X X X X X X Extracts X X X X ..... bmitted. 5. In view of the above, the Deputy Commissioner held that the declared value was liable to be rejected under Rule 12 of the Customs Valuation(Determination of Value of Imported Goods) Rules, 2007 Valuation Rules.As per Valuation Rule(3), if the valueof the imported goods cannot be determined under Rule 3(1)i.e., as per the transaction value, the value is to be determined proceeding sequentially through Valuation Rules 4 to 9.Valuation Rule 4 provides for determination of value based on the value of identical goods. Valuation Rule 5 provides for determination of value on the basis of value similar goods. The Deputy Commissioner found that there were no identical goods and therefore, Valuation Rule 4 could not be applied in the cas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... S system. Having found that the value of scrap declared in the Bill of Entry was much lower than contemporaneous values for similar scrap, the proper officer sought justification or evidence from the appellant for the lower prices but none was provided. Therefore, the proper officer re-assessed the Bill of Entry rejecting the transaction value under Valuation Rule 12. Having found that there were no identical goods, he re-assessed the Bill of Entry based on the value of similar goods. Thereafter, on the appellant's request he also passed the speaking order which has been upheld in the impugned order by the Commissioner (Appeals). 8. We have considered the submissions and have gone to records of the case. 9. The appellant's contention is t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... decision under sub-rule (1). Explanation.-(1) For the removal of doubts, it is hereby declared that:- (i) This rule by itself does not provide a method for determination of value, it provides a mechanism and procedure for rejection of declared value in cases where there is reasonable doubt that the declared value does not represent the transaction value; where the declared value is rejected, the value shall be determined by proceeding sequentially in accordance with rule 4 to 9. (ii) The declared value shall be accepted where the proper officer is satisfied about the truth and accuracy of the declared value after the said enquiry in consultation with the importers. (iii) The proper officer shall have the powers to raise doubts on t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 13. In this case, the Deputy Commissioner recorded that there were no imports of identical goods during the relevant period. There is no evidence contrary to this finding. The Deputy Commissioner, therefore, determined the value based on the value of similar goods. Here also listed 15 Bills of Entry under which similar goods for imported goods during the relevant period. Therefore, this clearly meets the requirement of Valuation Rule 5. 14. The appellant's contention is that there cannot be similar goods in scrap. This contention cannot be accepted. In fact, scrap is classified as per ISRI standards and different types of copper scrap have been given different names. In this case the imported copper scrap is birch/cliff. Copper scrap is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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