2024 (1) TMI 345

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.... import of stock lot of plastic films imported by Ms. Do Best Infoway. The value declared by the applicant assessee was rejected by the original adjudicating authority. The rejection of the value was challenged before the Commissioner (Appeals) who remanded the matter to the original adjudicating authority to pass a speaking order. In remand proceedings the Deputy Commissioner passed an order rejecting the declared value however while rejecting the declared value, he categorically mentioned that he has no data of comparable imports as mentioned in Para 11 of the order which is reproduced below: "11. The subject Bills of Entry were filed around one year ago. Data of other ports are not readily available with me. However, I have perused dat....

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....transaction value of similar goods sold for export to India and imported at or about the same time as the goods being valued: Provided that such transaction value shall not be the value of the goods provisionally assessed under section 18 of the Customs Act, 1962." For ready reference, the relevant contents of Rule 3 ie, proviso to sub-rule 3 of rule 3 of Customs Valuation (Determination of Value of Imported Goods) Rules, 2007 is reproduced as follows: "Provided that in applying the values used for comparison, due account shall be taken of demonstrated difference in commercial levels, quantity levels, adjustments in accordance with the provisions of rule 10 and cost incurred by the seller in sales in which he and the buyer are not rel....