2005 (10) TMI 184

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....he Revenue and the assessing authority enhanced the value. On the enhanced value the assessment was made and appellant paid duty and got cleared the good. The import was made in the year 1988 and thereafter a show-cause notice was issued on 21-6-2000 on the ground that appellant suppressed the value of the imported goods and after relying upon the contemporaneous imports, the adjudicating authority enhanced the value of the goods as proposed in the show cause notice and imposed penalties. The appellants are not challenging the first enhancement in respect of value of the goods imported by them on which duty has been paid. The appellant challenging the second enhancement and imposition of penalties. 3. The contention of the appellant is t....

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....n in which the instance of import of same goods at Madras was cited and value was enhanced on the basis of that import, therefore, the predetermination of the Value second time is not sustainable the appellant also submitted that as per the valuation Rule of 3,5,6 that, if there is more than one transaction value of identical goods is available the lowest of such value has to be taken for determination of the value of the imported goods. The appellant also produced the data supplied by the Directorate of Valuation which shows that the goods in requesting are being imported at widely varying prices, therefore, in this situation, the lowest value is to be taken into consideration which is almost at par with the value declared by them. The con....

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....ed during the same time by other importers even on higher price. Therefore, show-cause notice was issued to the appellant for enhancement of the value of the goods on the basis of import made by other importers. The contention is that in case of suppression Revenue can issue a show-cause notice for recovery of the duty short paid within five years. The contention is also that the value was enhanced on the basis of same goods imported by other importers. 5. In this case, the value of the goods imported by the appellants were enhanced first time by the Revenue and that enhancement was not questioned by the appellant and duty was paid. Subsequently, a show-cause notice was issued referring 14 instances of import made by other importers of t....