2001 (12) TMI 781

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....the Appellant. Shri C. Mani, DR, for the Respondent. [Order per : P.G. Chacko, Member (J) (Oral)]. - The present application, filed by the appellants, prays for stay of operation of the impugned order of the Commissioner of Customs (Appeals). Having examined the records and heard both sides, we propose to dispose of the appeal itself finally at this stage. Therefore, we reject the stay ap....

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....on) Rules, 1988. The appellants have urged that it was incumbent on the authorities to examine firstly the question of acceptability of the transaction value under other provisions of Rule 4 and then, if found unacceptable, to examine the question under Rule 5. In the case on hand, both the authorities applied Rule 4(3)(a) & (b) in the determination of assessable value of the goods, as if the Indi....

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....95-A (CC, Madras v. Tapan Trading Company). 5. We have examined the submissions. Both the authorities below have recorded a clear finding to the effect that the appellants (buyer of the goods in question) were not related to the foreign supplier of the goods viz. the Indonesian Company in terms of Rule 2(2) of the C.V. Rules, 1988. The authorities, nevertheless, invoked sub-rule (3) of Rul....

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....traightaway taken recourse to Rule 5 of C.V. Rules, 1988. This course of action is found to be impermissible in view of the Supreme Court's decision cited by the ld. Consultant. In that case, the Apex Court clearly held that, if the transaction value could be determined under Rule 4(1) and did not fall under any of the exceptions in Rule 4(2), there was no question of determining the value under t....