2007 (4) TMI 108

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....he appellant is a regular importer of plastic sheets. It imported two consignments in April 2004. The purchase price was @ 600 $ per metric ton. The appellant sought assessment of the goods to customs duty at this transaction value; but customs authorities rejected the transaction value and assessed the goods at 780 U.S. $ per metric ton. No reason for rejecting the transaction value or justificat....

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.... price, paid the duty without any protest, and cleared the goods. Even after clearance, they did not register any protest with the adjudicating authority against the so called arbitrary and unjustified enhancement of the value. Having once accepted the loaded value of the goods voluntarily and having paid duty accordingly thereon without any protest or objection, they are legally estopped from tak....

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....the same subsequently. In view of the discussions above, the impugned assessments finalized by the department in respect of aforesaid two Bills of Entry are valid and no interference is called for. Both the appeals are accordingly dismissed." 3. Present appeals, challenge the above findings of the Commissioner. 4. The contention of the learned counsel for the appellant is that payment ....

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....record shows that the enhancement of value has been done without indicating any reason whatsoever. This is contrary to the specific provisions for valuation as well as the judgment of the Hon'ble Supreme Court and this Tribunal [Mohan Sales (India) v. C.C., ICD, TKD, New Delhi, reported in 2004 (163) E.L.T. 330 (Tri.) = 2004 (91) ECC 682 (Tri.)]. There is also no identifiable basis for the loading....