2019 (9) TMI 1451

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....Jasmeet Kaur, Advocates, for the Appellant. Shri Amit Bansal, Senior Standing Counsel with Mr. Aman Rewaria and Ms. Vipasha Mishra, Advocates, for the Respondent. ORDER The Petitioner has preferred the present appeal to assail the order dated 6-3-2019 passed by the CESTAT in Appeal No. C/54012/2018-DB [2019 (370) E.L.T. 1285 (Tri.-Del.)]. The Tribunal by the impugned order has held that t....

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....ation Rules makes it abundantly clear that transaction value in the ordinary course of commerce is to be taken as the assessable value. The Customs Valuation Rules outlines the step by step methodology to be adopted for re-determination of the assessable value in certain cases/The primary requirement for redetermination of the value is that the transaction value should be rejected for cogent reaso....

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....justified in enhancement of value since the importer had accepted such enhancement. They have also relied upon the recent decision in which the Tribunal has taken the view that admitted facts need not be proved. In the case of Sodagar Network (supra), the Tribunal upheld the enhancement of value. The importer had specifically admitted the basis for re-determination of value in his statement. He ha....

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....y the requirements prescribed under Section 14 of the Customs Act read with Customs Valuation Rules before any enhancement of valuation. It has been argued by Revenue before us that the Revenue did not record the basis for such enhancement since the requirement of speaking order was waived by importer. 15. In view of the above discussion, the matter is required to be remanded to the ....