2017 (2) TMI 134

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.... the respondent herein imported various electronics items like ICs, transistors etc. and cleared the consignment on the declared value. Based upon the some information received, the office of DRI investigated the imports made by respondent for undervaluation of the imported goods. The premises of appellant was searched on 28th February 2001, nothing incriminating was resumed; during the course of investigation statement of proprietors was recorded wherein the proprietors admitted there was undervaluation. Based upon the investigation, show-cause notices were issued for rejection of the declared value and demand was raised for the differential duty. Adjudicating authority after following due process of law dropped the proceeding initiated ag....

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....ing in the impugned order in paragraph no. 17. It is his further submission that the Hon'ble High Court of Kerala in the case of Karn Vir Mehta Vs Collector of Customs, Cochin [1998 (97) ELT 42 (Ker.)] has laid down the law that valuation needs to be determined based upon the transaction value and the same is being rejected, sequentially Valuation Rules have to be followed; in the case in hand order of adjudicating authority is correct. It is his further submission that Hon'ble High Court of Madras in the case of Commissioner of Customs (Imports), Chennai-I Vs Sainul Abideen Neelam [2014 (300) ELT 342 (Mad.)] have settled the law, that statement made before the Customs Authority should be supported by material which would mean that ....

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....vour of those documents filed by the first respondent were not rebutted by the Revenue. Consequently we find that the order of the Tribunal based on its factual finding need not be interfered with, especially when the Revenue has not placed any other materials to contradict such factual findings." 9. We now consider the issue from angle of other evidence. It is seen that the adjudicating authority in paragraph no. 17 has recorded that the respondents have produced documentary evidence of contemporaneous imports by other importer, which was verified by him and he noticed the value declared by the respondent were consistent with value declared by others; adjudicating authority correctly records that statements lacks credibility due to contem....