2015 (5) TMI 51

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....0 and Jan.'01 which were assessed and cleared provisionally under Section 18 of the Customs Act, 1962 vide Bills of Entry No.035903, dated 21.11.2000 and 002503, dated 23.01.2001 pending SVB finalisaion. Since the appellant have imported from the related party, the bill of entries were assessed provisionally on execution of a bond. The appellant paid the duty as part of the invoice price and cleared the goods. 2. Subsequently, the appellant filed refund claims before Assistant Commissioner (Refunds) amounting to Rs. 10,33,692/- against bill of entry no. 035903 and Rs. 10,40,186/- against bill of entry no.002503 respectively on the ground that the unit FOB value of the subject goods was mentioned as USD 16. 00 per piece as against the F....

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.... channel vide Foreign Remittance Certificate Nos.0000686 & 0000687 both dated 12.04.2001. The principal supplier has made Inward Remittances o USD 32,755 equivalent to Rs. 15,24,359/- as per the remittances each in respect of Invoice Nos. KDB-86817 and KDB-6377. These two invoices related to the two bills of entry. He also submits that subsequently the department has accepted the transaction value and finalized all the bills of entry except two bills of entry related to the present appeal as an appeal pending before the Tribunal and also the original authority was of the view that refund could not be acceded pending finalisation of assessment. 6. On the other hand, learned Authorised Representative reiterates the impugned order directly co....