TaxTMI 
TaxTMI 
2024 (5) TMI 428
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....peals) has upheld the denovo adjudication, whereby the adjudicating authority rejected declared transaction value and re-assessed the goods enhancing the import price besides imposing a penalty of Rs.15,000/- under Section 112 (ii) of the Customs Act, 1962. 3. The short question involved in the present appeal is in respect of the valuation of imported goods (Float Glass Sheets) and whether the declared transaction value called for a revision for assessment purpose. 4. The Tribunal vide its Final Order No.A-349/Kol/2011 dated 16.11.2011, while remanding the matter to the original authority and to decide the matter afresh, had specifically directed the Department to furnish the details of imports relied on by the Department to the impor....
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.... liable to be rejected. For ready reference, Rule 10A (1) is reproduced below : "10A. Rejection of declared value. - 1. When the proper officer has reason to doubt the truth or accuracy of the value declared in relation to any imported goods, he may ask the importer of such goods to furnish further information including documents or other evidence and if, after receiving such further information, or in the absence of a response of such importer, the proper officer still has reasonable doubt about the truth or accuracy of the value so declared, it shall be deemed that the value of such imported goods cannot be determined under the provisions of sub-rule (1) of Rule 4". Therefore, the revenue seeks to re-workout the said ....
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....leness and accuracy of the adjustments, whether such adjustment leads to an increase or decrease in the value. 2. Where the costs and charges referred to in sub-rule (2) of Rule 9 of these rules are included in the transaction value of identical goods, an adjustment shall be made, if there are significant differences in such costs and charges between the goods being valued and the identical goods in question arising from differences in distances and means of transport. 3. In applying this rule, if more than one transaction value of identical goods is found; the lowest such value shall be used to determine the value of imported goods." 9. It is, therefore, necessary to evaluate the evidence that has been sourced by the d....
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....s for comparison in one case the thickness of float glass imported are 3 mm, 4 mm, 5 mm and 6 mm while in the other float glass sheets are 2 mm, 2.5 mm, 3 mm, 3.5 mm, 4 mm, 5 mm, 6 mm, 8 mm & 12 mm. With the appellants not having imports of 2.5 mm, 3.5 mm, 6 mm, 8 mm and 12 mm reference of such imports are not for a meaningful comparison. We note that in the second case, such quantity for consideration of imported float glass has to be distanced with. This alone is nearly 1935 sqm. (802.63 + 579.68 + 312.26 + 133.82 + 107.06 = 1935.45).Thus, it leaves for comparison nearly 7860 (9795 - 1935) sqm. of imported float glass. We note that the appellant has imported more than double the quantity of float glass sheets vide three Bills of Entry aga....
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...., per sqm, as there is no such float glass in trade of 1 mm thickness and there is no counter thereto from the side of the department. 12. In view of the above, we are not convinced with the adoption of the revised transaction value based on comparisons as offered, and note that the Department's case cannot be sustained on the basis of evidences as relied upon for the aforesaid reasons and discussions. 13. Proposition of law as related to issues hereinabove have been upheld in the following cases (for records) : (1) Sai Impex Vs. Collector of Customs : 1992 (62) ELT 616 (T) (2) Overseas International Vs. Commissioner of Customs, Chennai : 2001 (127) ELT 599 (T). 14. In view of the aforesaid findings, we set aside ....