TaxTMI 
TaxTMI 
2019 (1) TMI 449
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....nancial Calculator" declaring the value at USD 3108 (C&F), the unit price of which was declared as USD 12 & USD 7 respectively. The RSP declared by the assessee for the above items was Rs. 1,800/- and Rs. 1,050/- respectively. 2. Vide Order-in-Original dated 30.03.2010, the adjudicating authority/Additional Commissioner records inter alia, on the first item, that the subject calculators manufactured by Texas Instruments, USA, were high-end calculators; that it was seen from the internet that the price quoted was around USD 39.99 as against USD 12 declared; that NIDB data revealed that the same was cleared at an average price of Rs. 1914.79 (equivalent to USD 40.48 and RSP of Rs. 3450/-); that on the second item since there was no NIDB data....
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....t no stretch of imagination could the price reflected on the internet be adopted since the law recognizes evidence by an expert in the term of expert opinion and not the data available on the internet and thus contended that the authorities below have gone beyond the very provisions of valuation prescribed in the statute and the rules relating thereto. He also relied on a plethora of judgements/Orders including that of the Hon'ble Supreme Court wherein the Hon'ble Supreme Court has laid down guidelines especially when it comes to the valuation of imported goods. 4. Per contra, Ld. DC (AR) Ms. T. Usha Devi appearing for the Revenue supported the findings of the lower authorities. 5. We have heard the rival contentions and perused the docum....
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....at that time, the Department was not justified in demanding the value of the imported goods at US $ 450 PMT. 3. We are thus in agreement with the view taken by the Tribunal and as a consequence thereof this appeal is dismissed." 6.2 Similarly, in the case of Gira Enterprises Vs. Commissioner of Customs, Ahmedabad - 2014 (307) E.L.T. 209 (S.C.), the Hon'ble Supreme Court has laid down as under : "24. In the absence of any material produced by the Revenue in proof of the alleged comparable imports at a higher value, the impugned order which eventually confirmed the original order of assessment by the Assistant Commissioner of Customs dated 31-3-2001 cannot be sustained for two reasons - (1) the mere existence of an alleged computer print....