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Valuation of imported goods - Polyurethane Sealant - enhancement of value solely based on appellant's acceptance letter whereby price was increased 5 times declared value. Held: Value enhanced solely on acceptance letter dated 26.07.2018 by appellant. As per CMR Nikkei India Pvt. Ltd case, despite importer's admission, Revenue must satisfy Section 14 of Customs Act and Customs Valuation Rules before enhancing valuation. Only acceptance letter relied upon, no contemporaneous import price based on documentary evidence. Therefore, no reason to enhance value. Both lower Authorities' orders incorrect and illegal. Sukhdev Exports Overseas case involving statement u/s 108 not applicable as no such statement recorded here. Impugned order set aside - appeal allowed.
Valuation of imported goods - Polyurethane Sealant - enhancement of value solely based on appellant's acceptance letter whereby price was increased 5 times declared value. Held: Value enhanced solely on acceptance letter dated 26.07.2018 by appellant. As per CMR Nikkei India Pvt. Ltd case, despite importer's admission, Revenue must satisfy Section 14 of Customs Act and Customs Valuation Rules before enhancing valuation. Only acceptance letter relied upon, no contemporaneous import price based on documentary evidence. Therefore, no reason to enhance value. Both lower Authorities' orders incorrect and illegal. Sukhdev Exports Overseas case involving statement u/s 108 not applicable as no such statement recorded here. Impugned order set aside - appeal allowed.
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