2009 (2) TMI 563

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....it Kumar, DR, for the Respondent. [Order per : D.N. Panda, Member (J)]. -  The only dispute in this appeal is whether the value declared by the appellant shall be regarded as transaction value under Section 14 of the Customs Act, 1962 read with Rule 4(1) of Customs Valuation Rules, 1988. According to the appellant when the goods in question were imported, all the facts and figures were ....

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....assessment cannot be reopened without any review done. Relying on the basis of judgment in the case of Eicher Tractors Ltd. v. CC, 2000 (122) E.L.T. 321 (S.C.) ld. counsel submits that unless and until there are circumstances existing to bring transaction beyond the purview under Rule 4(2), the value declared as transaction value cannot be discarded. He further relies on the Apex Court's judgment ....

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.... by the authorities for invoking Rule 12A of the Valuation Rules 1988. Also according to him when the Chartered Engineer's certificate from abroad discloses the year of manufacture, the appellant squarely falls under the purview of the circular for depreciation of the assets imported. Therefore, there is no necessity to interfere to the order passed by the learned first appellate authority. 4.1....