Just a moment...

Top
Help
×

By creating an account you can:

Logo TaxTMI
>
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / TMI Blogs / RSS

1998 (2) TMI 219

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....y, JDR, for the Respondent. [Order per : P.C. Jain, Member (T)]. -  Short question involved in both these matters is similar and therefore, a common order is being passed in both the cases. 2. Both the appellants herein imported certain component parts of Umbrella, but did not import some other parts of Umbrella. Each of the appellants declared certain value as per their invoice....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Therefore, they took the proportionate value on the basis of proportion of the components and sought to enhance the value. After due process of adjudication, values had been enhanced on that basis. Hence these appeals before the Tribunal. 3. Learned Advocate, Shri P.K. Das for the appellants urges that no adequate evidence or good reason has been furnished by the Revenue for discarding th....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....aluation has been discarded by the Tribunal, as has been adopted in the present cases. He, therefore, submits that the transaction value declared by the appellants for assessment, should be adopted and the enhanced value be set aside. 4. Opposing the contentions, learned JDR, Shri R.K.Roy for the Revenue submits that there was an intelligence with the Customs Authorities that the importers....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....d the submissions. We observe that transaction value is the normal rule of acceptance of valuation of goods, unless it can be discarded for valid reason. We observe that discarding the transaction value on the basis of intelligence is not appropriate. In the absence of proper ground for discarding the transaction value, the valuation under Rule 8 i.e. under best judgment, cannot be resorted to. Le....