TaxTMI 
TaxTMI 
2021 (6) TMI 878
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....ted 16.11.2009 declaring the total value of the said parts as Rs. 7,14,659/- purchased from one M/s China National Electronics, China. After examination of the consignment by SIIB on 13.11.2009, it was noticed that though the consignment was packed in ready for sale condition, neither on the goods nor on the packages containing the goods, affixed with details like importer's name, address, MRP etc. Hence, further investigation was initiated by the Department. During the course of investigation, statements of proprietor Shri Parampreet Singh and others were recorded. It was stated that the transaction value of the imported parts declared by the appellant is incorrect and accordingly, to determine the correct value of the said imported goods,....
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....the market survey report, but merely stated that they would be abiding by the said joint survey report. He has submitted that the adjudicating authority has rejected the transaction price solely on the ground that there was no purchase order or any E.mail in this regard for procuring the goods from overseas market. It is his contention that there was no such requirement in law to have the purchase order or E.mail correspondence while declaring the transaction value of the goods. He has further submitted that the appellant had never agreed to the market survey report and the learned Commissioner (Appeals) had upheld the rejection of transaction value on the ground that the brand, group, specification or quality of the imported goods was not ....
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....t was declared to be of Chinese origin. It is his contention that in absence of said information, doubt has been raised by the SIIB about the correctness of declared transaction value. Besides, the declared value was rejected when it came to the notice of the Department that the RSP declared by the Appellant is much lower than the RSP of similar goods available in the market. Consequently, after rejecting the transaction value under rule 12 of the Customs Valuation (Determination of value of imported goods) Rules, 2007, the same was re-determined under Rule 9 of the said Rules by conducting market survey with the consent and in the presence of the appellant and their CHA. The re-determined value was calculated as Rs. 31,20,612/- against the....
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....ted various motorcycle parts declaring its total value as Rs. 7,14,659/-. The said declared value was not accepted by the Department. Accordingly, the transaction value was redetermined by the Department by conducting market survey with consent and participation of the proprietor of the appellant and his representative CHA. Also, it is not in dispute that the appellant accepted the result of the market survey and consequent enhancement of declared value in his statements recorded by the department after the survey and requested to release the goods. The said statements neither disowned nor retracted. In the present appeal, the appellant has challenged the methodology of re-determination of the value through market survey and also the validi....
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.... by the importers, this Tribunal in Commissioner of Customs, Delhi Vs. Hanuman Prasad(supra) after analyzing the principles of law on the subject held that importer cannot go back on such acceptance and be allowed to dispute the re-determined value, when the same was categorically accepted by him. It has observed as: - "35. The following position emerges from the aforesaid decisions of the Tribunal: (i) When an importer consents to the enhancement of value, it becomes unnecessary for the revenue to establish the valuation as the consented value, in effect, becomes the declared transaction value requiring no further investigation; (ii) When an importer accepts the loaded value of the goods without any protest or ob....