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2016 (5) TMI 668

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....br>MS. ARCHANA WADHWA, MEMBER (JUDICIAL) AND SHRI B. RAVICHANDRAN, MEMBER (TECHNICAL) For the Petitioner : Shri K. Poddar, Authorized Representative (DR) For the Respondent : Shri R.K. Hasija, Advocate And Shri Prem Ranjan, Advocate ORDER PER. ARCHANA WADHWA :- Being aggrieved with the order passed by Commissioner (Appeals) Revenue has filed the present appeals. All the appeals are being di....

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....gards enhancement of assessable value, he observed that no reasons stand given by the Revenue for such an enhancement. There is no rejection of the transaction value and in such a scenario, the transaction value has to be adopted as the assessable value. He also observed that though no reasons stand reflected in the Revenue's assessment but the same seems to have been done on the basis of a DRI Al....

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....econdly, the Revenues contention is that DRI Circular, which stands issued after considering the value of the goods on which they should be imported on the basis of detailed investigation, should have been adopted. 5. As regards the first objection, we find that the provision of Section 17 does not preclude an assessee from filing an appeal against the enhancement. The issue is no more res-integ....

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.... is a common case for the importers that on account of immediate requirement of imported goods or to avoid demurrage charges, such goods are cleared immediately on payment of duty on the enhanced value. Section 17 is to the effect that where such enhancement of value is accepted by the importer, there is no need for the Proper Officer to pass a reasoned order. This does not mean that the importer ....