2014 (4) TMI 513

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....ri Hari Corporation based on manufacturer's price-lists for the same by the assessing officer and confirmation of duty demand of Rs. 2,45,992/- consequent upon enhancement of the value. Aggrieved of the same the Revenue is before us. 3. In the appeal memorandum it has been urged that the rejection of transaction value under Rule 10A of the CVR 1988 based on the price-list of the manufacturer is correct in law and the reliance placed by the learned lower appellate authority on the apex Court decision in Eicher Tractors case [2000 (122) ELT 321 (SC)] is incorrect and the said judgment was prior to introduction of Rule 10A. Rule 10A provided an additional method for rejection of transaction value when the officer has a reasonable doubt ab....

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....s not present and it is the sixth time the case is coming up for hearing. Today also, none represented the respondent despite notice. In these circumstances, we take up the appeal for consideration. 5. In the present case, the respondent imported glassware from M/s. Ratans Enterprises LLC, Dubai, UAE. On examination, the goods were found to be manufactured by M/s. Bormioli Rocco and the country of origin was found to be Italy. The department obtained a copy of the price-list of the manufacturer and compared the prices declared by the importer and the prices declared for identical items in the price-list of the manufacturer. It was found that there was a huge variation and the prices declared by the respondent-importer were much lower. Acco....

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....sonable opportunity of being heard, before taking a final decision under sub-rule (1)." 5.2 In the present case, the condition stipulated in Rule 10A stands satisfied. As can be seen from the order of the assessing officer, the importer was asked to produce a copy of the manufacturer's price-list. However, the respondent-importer failed to produce any such document. It was merely stated that the goods were shipped on the basis of a sight draft and not against LC. There is also no written contract in existence and that the supplier has not favoured the importer with the manufacturer's invoice. A copy of the manufacturer's invoice was procured by the Customs authorities and shown to the importer and he was asked to comment on the....