2004 (1) TMI 212

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... - After allowing the stay petition un-conditionally, we take up the appeal itself with the consent of both the sides. 2. Vide his impugned order, the Commissioner of Customs has enhanced the value of EVA Grade 7350M imported by the appellants from the declared value of US $ 630.00 per MT to US $ 780 per MT. He has also imposed personal penalty of Rs. 3.50 lakhs upon the appellants. The above e....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... bind himself for a span of 6 months by giving huge discount when the prices of the product were increasing regularly. He has also observed that since the appellants have failed to submit manufacturer's invoice, the transaction value cannot be accepted. 5. Ld. Advocate appearing for the appellants has submitted that no trader would give manufacturer's invoice inasmuch as the same will reveal hi....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ase of M/s. Mohan Sales (India) v. CC, ICD, TKD, New Delhi reported in 2004 (163) E.L.T. 330 (T) = 2003 (59) RLT 630 (CESTAT - Del.) wherein it was observed that when no reasons for rejection of the transaction or enhancement value has been indicated by the assessing authority, such enhancement cannot be upheld. If the goods have to be assessed at a different value, the transaction value has to be....