2011 (9) TMI 374

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....filed five bills of entry during the period from 27.9.2001 to 1.11.2001 for airport clearance of rough marble blocks of Italian origin from M/s Al Jamahir Trading, Dubai and declared a price of US $ 135/MT (FOB) in respect of 3 bills of entry and US $145/MT (FOB) in respect of two bills of entry. The assessing authority issued two show-cause notices both dated 21.9.2001 proposing to revise the value to US $300 to US$310/MT based on the value of contemporaneous imports noticed in Bombay Port. The details of the contemporaneous imports were also indicated in the show-cause notice and it was also stated that value declared by the importer is not true or accurate in terms of Rule 10A of the Customs Valuation Rules, 1988 and therefore, the value....

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....thority. The revenue is in appeal against the said order of the lower appellate authority.   3. Ld. SDR submitted that enough opportunities were provided to the importer for justification of the declared value vis-`-vis the values furnished by the revenue which the importer failed to utilise. Accordingly, notices were issued under Rule 10A proposing to reject the transaction value and load the values on the basis of contemporaneous imports. In reply thereto, the importer accepted the loading of the value and waived personal hearing and the adjudication orders revising the values were passed. The conclusion of the appellate authority that the procedure under Rule 10A was not followed or principles of natural justice were violated is no....

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....sions. In the instant case we note that the assessing authority has issued show-cause notices to the importer proposing to reject the transaction value under Rule 10A and to revise the assessable value in terms of contemporaneous imports noticed giving details of such imports. In reply thereto, the importer has accepted the proposed loading of value to be done by the department and waived personal hearing in the matter. In one instance, they have waived both the show-cause notice as well as the personal hearing. In other words, it is clear that the importer has consented to the value proposed by the assessing officer without any challenge. Having done so, the importer cannot seek to reopen the matter by way of appeal proceedings before the ....