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TMI Blog2001 (9) TMI 170X X X X Extracts X X X X X X X X Extracts X X X X ..... m. The import is not contemporaneous in nature and therefore their value declared in the Bill of Entry is required to be accepted in terms of Section 14 of Customs Act. It is their contention that Dy. Commissioner's determining the assessable value in terms of Rule 6 of Customs Valuation Rules is not correct by overlooking the declared price given under Sec. 14 of the Customs Act. In support of above contention, ld. Consultant, Shri C. Chidananda Rao filed written submissions and citations which is reproduced herein below :- "It is respectfully submitted that M/s. Modern Marketing Agencies, Secunderabad, AP are traders in Ball Bearings. They imported from Singapore Ball Bearings of Nachi Brand from a Trader based in Hong Kong. They filed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ith LC were produced. The learned Commissioner observed that the ratio of case laws cited by the Appellants was not applicable. He also observed that the Directorate of Valuation was a Nodal agency of Government of India and their recommendation have to be considered. We submit that the following points for consideration by the Hon'ble Bench. 1. There was no allegation of under valuation, in this case. 2. The Department did not produce evidence to establish under valuation. 3. The genuineness of the invoice of the suppliers was not disputed. 4. There is no relationship between Modern Marketing and the suppliers. 5. There was no justification in Lower Authority in assessing values on the ba ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... undervaluation nor the department has proved that importer has received extra consideration. His main contention is that when the goods are not comparable and not from the same supplier, then the transaction value cannot be rejected. 3.Ld. DR, Shri A. Jayachandran contends that ball bearings imported by appellants from Singapore is of Japanese origin. Although it may not be from the same manufacturer/supplier but as the country of origin is the same; it has to be considered as contemporaneous in nature. He further submits that All India Ball Bearing Merchant Association (AIBBMA) had given an opinion that all Japanese brands are qualitatively comparable and all brands should be treated at par for valuation purpose. Therefore, the orders p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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