2011 (5) TMI 532

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....customs duty and country of origin as declared in the invoice. The Revenue entertained a view that assessable value declared by the appellant was much on the lower side. They were also of the view that MRP declared by the appellants on the basis of which additional duty of customs required to be paid by them is on the lower side. Accordingly, they made enquiries with the appellant and directed them to place on record the manufacturer invoice, first party invoice, contract agreement, LC, original certificate of origin, manufacturer price list, original catalogue, correspondence with the supplier etc. or any other documents to substantiate and justify the declared value and to substantiate the MRP declared in the bill of entry. The said lette....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....m lot as held in the various decisions of the Tribunal. Reliance was made to the Tribunal decision in the case of Vijay Kumar Gandhi vs. Commissioner 2003 (159) ELT 835 (Tribunal). They also strongly contended that, in any case the contemporaneous imports relied upon by the Revenue were not proper, inasmuch as there was a gap of around 5 to 6 months and the quantum of the goods was also different. They also drew the attention of the adjudicating authority to the fact that in some cases, model numbers of the goods imported by them and by others were admittedly different. They submitted that in electronics goods a gap of 5-6 month is considered to be a huge gap when the prices of the electronics good falls rapidly for new models are being in....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....discussed in detail the various provisions of the Customs Valuation Rules but he has not dealt with the basic stand of the appellant that there being no dispute about the transaction value, being the correct value paid by them to the foreign suppler, there is no need to go through the other provisions of the Customs Valuation Rules. The only reason for rejecting the transaction value by the Commissioner is that the same appears to be on lower side when compared with the other contemporaneous records. However, the appellants strongly contended that they have purchased the electronics items from Dubai, in stock lot having different country of origin. Further, it is also seen that the bills of entry relied upon by the Revenue are not matching ....