2010 (8) TMI 719

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....jects India Ltd. (APIL) had imported 421 Nos. of Heat Recovery Steam Generator (HRSG) and accessories under two Bills of Entry No. 150 dated 16-3-2005 and No. 267 dated 1-6-2005. APIL had registered the contract with the customs authorities and the Bills of Entry were assessed extending concessional rate applicable to project imports classified under CTH 9801 00 13 provisionally. The importers submitted reconciliation statement in respect of the goods imported on 16-4-2007 i.e., after lapse of nearly two years from the date of import of the last consignment on 1-6-2005. Pursuant to audit of the assessment records by the AG, the Original Authority finalized the assessment of Bills of Entry involved at merit rate i.e., 15% BCD and 16% CVD ins....

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....ATT Valuation Cell, Mumbai before accepting the assessable value declared. And he upheld the order of the Original Authority. This order is challenged on the basis that the jurisdictional Assistant Commissioner had accepted the invoice value furnished by APIL and finalized the assessments without conducting any enquiry with regard to existence of contemporaneous imports of like goods at higher prices and had not made any efforts to verify the declared value before accepting the same. The Commissioner (A) had not remanded the valuation aspect for fresh assessment by the Original Authority as requested in the appeal filed by the Assistant Commissioner of Customs impugning the Order-in-Original No. 98/2007 dated 28-12-2007. The prayer of the r....

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.... directly or indirectly to the supplier or any other institution. They also submitted a copy of Order-in-Original No. 122/2005 dated. 11-1-2005 issued by GATT Valuation Cell, Mumbai that investigated the importer's case and ordered to accept the declared invoice value without any adjustment with a validity of 3 years. The importers have also reiterated that no other payment made as a condition of sale to the supplier." 5. From the above, we find that the Original Authority had made necessary enquiries before accepting the declared value as the transaction value in respect of both the Bills of Entry. Revenue has no case that the importer had remitted any amount in excess of what was declared and substantiated by remittance particular....