2017 (4) TMI 260

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....e' and the failure on the part of the lower authorities to furnish them with documentary evidence of contemporaneous import relied upon by the proper officers for re-assessment. It is the claim of the appellant that they manufacture blended juice for which the imported concentrate is an input, that their prices at the retail point was required to be sufficiently competitive and, hence, the price of the import item was negotiated. 2. The original authority, instead of accepting the declared value of Rs. 28,750/- per metric ton, adopted the value of Rs. 39,118/- per metric ton by citing bill of entry no.907687 dated 23^rd October 2003. On appeal, Commissioner of Central Excise and Customs (Appeals), Goa, vide impugned order-in-appeal n....

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....to be determined on the value of similar goods imported into India at the same time as the subject goods. Where there are no contemporaneous imports into India, the value is to be determined under Rule 7 by a process of deduction in the manner provided therein. If this is not possible the value is to be computed under Rule 7A. When value of the imported goods cannot be determined under any of these provisions, the value is required to be determined under Rule 8 "using reasonable means consistent with the principles and general provisions of these rules and sub-section (1) of Section 14 of the Customs Act, 1962 and on the basis of data available in India." If the phrase 'the transaction value' used in Rule 4 were not limited to the p....

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....d paras to the facts of the present case, we are of the view that the aforesaid judgment helps the assessee rather than the Revenue. In para 12 it is categorically mentioned that before rejecting the invoice price the Department has to give cogent reasons for such rejection. There are no such cogent reasons coming forth in the present case. Moreover, it is to be borne in mind, as stated in para 14 of the said judgment, that the onus is on the Department by leading cogent evidence. No evidence of any nature whatsoever is brought on record to show that they were contemporaneous sales/transactions at high price. Reliance upon the agreement between M/s. Indofil and M/s. R&H is of no avail as admittedly the transaction between the aforesaid two ....