2011 (2) TMI 583

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..... Shri K.K. Jaiswal, SDR, for the Respondent. [Order per : Ashok Jindal, Member (J)]. - The appellants are in appeal against the impugned order confirming the loading of value on transaction value of the goods imported goods. 2. The brief facts of the case are that the appellant's imported polyethylene Polymer LD Grade DF 810 from Singapore and filed bill of entry. The department ....

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.... the time of import which is in violation of Customs Valuation Rules. He further submitted that the Commissioner (Appeals) has not given any finding how they arrived at the decision by rejecting the transaction value as there is no contemporaneous import of such items during the said period. The decisions of both the authorities below are arbitrary, hence the impugned order be set aside. 3.&ems....

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....No. 91/2003-Cus., dated 14-10-2003 and assessments of bill of entry are without speaking order. We also find that the lower appellate authority has made the observation that the loading of value has been done on the basis of PLAIT'S prices rate which is in violation of principle of natural justice. In fact, if the adjudicating authorities do not agree with the transaction value then the adjudicati....

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....temporaneous import of the same goods available obviously provides the best guide for determination of value of the import of goods but in the absence of evidence of contemporaneous import, reference to foreign journal for finding out correct international price of imported goods may not be relevant because ultimately the Assessing Authority has to determine the value of the imported goods, at whi....