2006 (2) TMI 326

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....nur, SDR, for the Respondent. [Order per : T.K. Jayaraman, Member (T)]. - The appellant has filed this appeal against OIA No. 15/04, dated 20th January, 2004 passed by the Commissioner of Customs (Appeals) Bangalore. Appellant imported certain items by air and claimed that the freight should be limited to 20% of the FOB value in accordance with Rule 9(2) of Customs Valuation Rules, 1988. Alo....

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....ng that the value given in the invoice represents CIF value and therefore, the same should be adopted for assessment purposes. The lower authorities have not applied Rule 9(2) of the Customs Valuation Rules, 1988 properly. The Proviso to Rule 9(2) clearly says that in the case of goods imported by air, and the cost of transport of the imported goods is ascertainable such cost shall not exceed 20% ....