2023 (10) TMI 541

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....itional Commissioner for the Respondent ORDER This appeal arises against the impugned Order-inAppeal No. 410/2014 dated 10.03.2014 passed by the first appellate authority and the only issue involved is: whether the Revenue is justified in re-valuing the imported goods by rejecting the declared value?   2.1 From the perusal of the Order-in-Original No. 3154/2010 dated 13.10.2010, it eme....

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.... same was undervalued and hence, the subject bills-of-entry were provisionally assessed pending verification of the declared unit value.  3. From the said Order-in-Original, we do not see anything worthwhile emerging from the so-called investigation initiated on account of the suspected undervaluation, the outcome of the same and what transpired between the letter of Director General dated ....

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....to reject the transaction value and the value has consequently been jacked up, equated with that of the so-called contemporaneous imports. 4.1 We have perused the table reproduced by the original authority at paragraph 6 of her order, but however, what is conspicuously missing is as to why and how the appellant had under-valued its imports. There is also no discussion as to the quantity of impor....

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....ything other than relying on NIDB data.  4.3  Also, the Revenue has nowhere held that the transaction value declared by the appellant was incorrect or unbelievable, to reject the same. It is also the settled position of law that the transaction value cannot be rejected just because identical goods are imported at a higher price. For this, the Revenue has to first establish that the goo....