2022 (2) TMI 100

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....sis of DRI alert with reference to some NIDB data. 2. Brief facts of the case are that the appellant is a regular importer of 'Polyester Knitted Fabric'. With respect to seventeen bills of entry during the period 13.10.2011 to 07.12.2011, the Revenue had objected to the declared transaction value and proposed enhancement in view of DRI alert - vide DRI F. No. 23/13/2011-DZU dated 09.05.2011, suggesting therein that as per indepth investigation with various importer of goods, the import price of 'Polyester knitted Fabric' should be in the range of US$2.80 to 05.15 per kg. As the respondent -importer objected to such valuation, the Revenue made 'provisional assessment' and drew samples and sent the same to CRCL for finding the nature of comp....

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....onal CVD in view of the ruling of Hon'ble Supreme Court in the case of SRF Limited vs. CCE. 4. Being aggrieved, Revenue is in appeal inter-alia on the ground that the importer inspite of giving notice of personal hearing at the finalisation stage, did not bring any additional information on record. Hence, the transaction value was rightly rejected and the value enhanced on the basis of DRI alert circular, which is based on contemporaneous import being NIDB data prevailing at the time of provisional assessment. It is further urged that the learned Commissioner (Appeals) have erred by not bringing on record the relevant import data before setting aside the appeal. It is further urged that in the matter of VSM, wherein this Tribunal has allow....