TaxTMI 
TaxTMI 
2016 (9) TMI 1119
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....Appeals), Customs House, Strand Road, Kolkata-1 as first appellate authority. 2. Sri Arijit Chakraborty (Advocate) and Sri Partha Banerjee (Advocate) appeared on behalf of the appellant. Shri Arijit Chakraborty submitted that issue involved in both these appeals is the same and can be taken up together. That present appellant is a Private Limited company and entered into contracts with M/s. Zhooyuan Leo Rubber Co. Ltd., China a tyre manufacturing co. for supply of Linglong brand of tyres of 1000-20-18 LL77 size/Specifications at US $32.10 (per set) FOB QINGDAO or US $39.15 per set CIF. That appellant filed bills of entry but Revenue refused to accept the invoice value. That goods were cleared provisionally by accepting a bond and Bank guar....
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.... 2.1 That while passing Order-in-Appeal dated 29/8/2008 first appellate authority allowed a discount of 12% of the relied upon value when no such abatement was allowed under Order-in-Appeal dated 25/08/2006. That even in the order-in-original involved in Order-in-Appeal dated 29/08/2008 the adjudicating authority did not impose any penalty and no redemption fine was imposed. That Adjudicating authority in the subsequent Order-in-Original relied upon the Order-in-Appeal CUS/CKP/161/2006 dated-21/8/2006 while loading the assessable value. 3. Shri S.K. Naskar A.C. (A.R.) appearing on behalf of the Revenue argued that relied upon consignment of M/s. Core International, Raipur is contemporary and are for similar tyres and has been rightly made....
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....y a different person, but shall not include imported goods where engineering, development work, art work, design work, plant or sketch undertaken in India were completed directly or indirectly by the buyer on these imported goods free of charge or at a reduced cost for use in connection with the production and sale for export of these imported goods; (e) similar goods means imported goods - (i) which although not alike in all respects, have like characteristics and like component materials which enable them to perform the same functions and to be commercially interchangeable with the goods being valued having regard to the quality, reputation and the existence of trade mark; (ii) produced in the country in which the goods being valu....
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....4.2 In the case of C.C. Mumbai Vs. Mahalaxmi Gems [ 2008(231) ELT 198 (S.C.)] Apex Court laid following ratio on rejection of transaction/invoice value. "7. Assessee, being aggrieved, filed appeal before the Tribunal. Tribunal by its impugned order has set aside the findings recorded by the Commissioner (Customs) by observing that the value of the goods that was declared was the transaction value. The genuineness of the invoice that the assessee produced has not been questioned. It has not been alleged that it was fabricated or fake or that any relationship existed between the importer and the exporter . It was also held that there was no contemporaneous evidence to prove that the goods imported were overinvoiced. The Tribunal, without go....