2014 (3) TMI 458

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....HI) both made in Japan and Taper Roller Bearing (GPZ) made in Russia. The Bills of Entry were assessed first check basis to check description, quantity and to verify compliance of requirement of Notification No. 44/2000. During the examination, it was found that the country of origin of Bearings is Japan and Russia while the goods were invoiced from France. The goods "Ball Bearing" are of NACHI brand and Tapered Roller Bearing of NACHI and GPZ brand. For valuation of NACHI Brand Bearings, the NTN pricelist of Bearings of Japanese origin was referred and the Bills of Entry were assessed after allowing discount of 35% on the pricelist of NTN bearings. Thereafter an order under Section 17(5) of the Customs Act, 1962 was issued by the adjudicat....

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....unrealistic. In this case, the invoice has been issued by traders in France whereas the goods are of Japan/Russian origin. Therefore, the appellants were required to file documentary evidence in support of transaction value declared by them like, manufacturer's invoice or price list which is mandatorily required to be furnished by the importer. The appellant has failed to submit those documents. Therefore, the transaction value has rightly been rejected. 5.1 The learned A.R. further submits that as the appellants have failed to produce the manufacturer's invoice therefore the value has rightly been enhanced relying on NTN price list. 5.2 The learned A.R. also relied on the decision in the case of Harshita International v. Commis....