1997 (2) TMI 302

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.... [Order per : V.P. Gulati, Vice President]. -  The issue in the appeal relates to the valuation of the impugned goods. The original authority enhanced the value from US $ 25 per kg. to US $ 29 per kg. based on recorded prices. The learned lower appellate authority however accepted the plea of the appellants for acceptance of the value of US $ 25 as invoiced. The learned lower appella....

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....rity has not followed this guideline and also has not indicated why he has apopted the invoice value which is 7 months old. The appellants have produced all documentary evidence in support of their invoice price such as price list, sales confirmation, letter of credit etc., and also produced sales confirmation to two other importers indicating the same price." In the grounds of appeal following....

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....neral provisions of these rules read with Section 14(1) of Customs Act, 1962 and on the basis of date available in India.  In terms or interpretative notes to Rule 8 the methods of valuation to be employed under Rule 8 may be those laid down in Rules 4 to 7, inclusive, but a reasonable flexibility in the application of such methods would be in conformity with the aims and provisions of Rul....

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....or Thiyagaraj, for the department has urged when the recorded price is available, the department rightly can have resort to Rule 8 of the Valuation Rules. He, however, could not clarify as to on what basis the transaction value could be discarded in the face of the evidence which was produced by the respondent before the authority below. He has merely stated that recorded price should form the bas....