2007 (8) TMI 831

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....For the Respondents : Anil Kumar, Authorised Representative (JDR) ORDER S.L. Peeran, Member (J) 1. Both these appeals raises common question in law as the facts are same and hence, they are taken up together for disposal as per law. 2. These appeals arises from Orders-in-Appeal No. 191 &192/2007 dated 26.3.2007 by which the Commissioner (A) has confirmed Orders-in-Originals and enhanci....

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....lea has been rejected. 3. The learned Counsel submitted that in their own case, this Bench has taken this very argument and has accepted the plea and set aside the re-assessment of the same goods. The case is reported in 2006 (194) ELT 447 (Tri.-Bang.). He points out that this Bench has taken into consideration various factors to accept the valuation of the assessee in respect of ungarbled bete....

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....re reproduced herein below. We have gone through the records of the case. The Revenue has enhanced the value of the Betel Nuts merely on the basis of data in respect of imports through other ports. When we see the quantity imported at other Ports, they are really very low compared to the quantity imported by the appellants. Of course this factor has been taken into account by the first Ap....

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....e that the import effected through the other Ports pertain to goods of the same quality imported by the appellants through Cochin Port. In the absence of quality, quantity and commercial level, no comparison can be made. It is also a fact that Revenue has not produced copies of invoices relied on. This amounts to denial of Principles of Natural Justice. While rejecting the transaction value, Reven....