2016 (8) TMI 182

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....gal, Asstt. Commr.(A.R.) for Appellant None for respondent ORDER Per Ramesh Nair The appeal is directed against Order-in-Appeal No. 223/2005 MCH dt. 01/06/2005 passed by the Commissioner of Customs & Customs (Appeals) Mumbai-I, whereby Ld. Commissioner (Appeals) allowed the appeal of the appellant. 2. The fact of the case is that the import made by the respondent from the related pe....

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....ustoms Valuation Rules, 1988. The respondent is a 100% EOU, they are importing plates and other components required for the manufacture of valves from the supplier and its Group companies, and other components required are procured locally. The adjudicating authority has loaded 100% value. Being aggrieved by the order of the adjudicating authority the respondent filed appeal before the Commissione....

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....under exemption notification without payment of duty but it is a conditional notification that the imported goods should be used in the manufacture of final product. The value will have relevance for the purpose of achieving net foreign exchange by the 100% EOU, therefore merely on the ground that the import is under exemption, the Ld. Commissioner should not have decided the matter without consid....

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....his, we agree with the findings of the Ld. Commissioner (Appeals) that the adjudicating authority enhanced the value arbitrarily. We do agree with the Ld. A.R. to the extent that the Ld. Commissioner (Appeals) should not have decided on the basis that valuation is of no significance since goods is not dutiable. In our considered view for the purpose of 100% EOU, the value is correct import value i....