2017 (9) TMI 1141

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e Appellant :  Mr. G.K. Sarkar, Advocate, Mr. Prashant Srivastava, Advocate Present for the Respondent:  Mr. R.K.  Maji, D.R. ORDER PER: B.RAVICHANDRAN These two appeals are against common impugned order dated 15.12.2016 of Commissioner of Customs (Appeals), Airport, New Delhi. The main appellant imported Pneumatic Tools Accessories of various types and filed Bill of Ent....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... that the lower authorities adopted the provisions of Rule 7 of Customs Valuation Rules, 2007 to re-determine the value. He contested such re-determination as being arbitrary without any actual or legal basis. Such deductive method of valuation was mainly based on sale the price of the main appellant in Indian market, when the imported goods were sold to dealers. It is the submission of the appell....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e said Rule talks about the deductive method of valuation which has been correctly followed with a detailed calculation by the lower authorities. 4. We have heard both sides and perused the appeal records. We note that the original authority recorded that the authorized representative of the importing company was shown the valuation chart prepared by the Department on the basis of prices displa....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... and deposited the differential duty as calculated by the Assessing officer. The basis of such re-assessment is the point of dispute now. Admittedly, the price-list of the main appellant as displayed in their Website for trading of imported products in India is the main basis.... While applying the provisions of Rule 7, it is necessary that the parameters mentioned therein are to be adhered to. In....