2016 (10) TMI 903

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....1 for clearance of rough marble blocks of Italy origin, declaring the total value of consignment as Rs. 1,64,41,034. The CIF value per MT as declared by the appellant was in the range of 204.52 Euro PMT to 207.01 Euro PMT. 2. Inasmuch as the appellant was not having a valid import license to cover the consignment in question and inasmuch as the Revenue doubted the value of the goods, proceedings were initiated against them for enhancement of value as also for confiscation of the imported goods and for imposition of penalties. 3. During the course of adjudication, the appellant took a categorical stand that they are regular importers against licenses and due to calculation mistake about the quantum of goods covered by the earlier licen....

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....o the time of imports with any other import so as to hold them contemporaneous imports. It is well settled law that the transaction value reflected in the invoices has to be first rejected by the Revenue as incorrect value, based upon sufficient evidence on record. In the present case, the adjudicating authority has not referred to any tangible evidence on record to show that the transaction value as entered into by the importer and supplier of the goods and as reflected in the invoices produced by the importer is incorrect value. The adjudication authority has simplicitor observed that invoice value in respect of the items imported is liable to be rejected under Rule 12 of the Customs Valuation Rules as the same was on the lower side. He h....

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.... the other product, it has to be first established that both the types of goods are identical. In the absence of any such efforts made by the Revenue to establish the comparable nature of the imported goods with the other imports, enhancement cannot be upheld. 10. Revenue has not produced any evidence that there was any additional flow back of money to the foreign supplier to whom all the payments were made through Banking channels. As already held that there is no evidence on record to reject the transaction value, in which case the transaction value has to be adopted as the correct value. The appellants have also referred to other bills of entries where the value of the rough marble blocks was more or less equivalent to the value decla....