1997 (9) TMI 260

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....espondent. [Order per : Gowri Shankar, Member (T)]. -  Appellant imported a consignment of parts of car, cigarette lighters and declared its cif value at Rs. 9555/- for 4800 pieces. The Department was of the view that the consignment was under valued. It proposed that the value of the goods should be Rs. 50,400/-. This value was determined on the basis of the market price of Rs. 80/- pe....

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....upon by the Department does not indicate the make or model of the lighter. The goods in that case do not appear to be lighters, they seem to be "light". Further bill is for a complete product whereas the imported consignment was only parts. Hence comparison made by the Department between the complete product and parts is not substantiated. 3. The Departmental Representative points out that....

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....g the Valuation Rules the transaction value has to be accepted, except in case, provided in Rule 4 of the Valuation Rules. For the value not to be accepted it must be shown that the conditions specified in the proviso to sub-rule (2) of Rule 4 exists. This has not been done. 5. Apart from this the determination of the value on the basis of retail invoice of Shetty Auto Enterprise is not su....

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....een rebutted. If sub-rule (3)(a) of Rule 7 is to apply, the value must be based on the unit price at which the imported goods after further processing are sold in the greatest aggregate quantity to persons who are not related to the seller in India. In such determination, due allowance has to be made for value added by processing and the deductions on account of commission, usual cost of transport....