COMMISSIONER OF CUSTOMS, COCHIN Vs. RUSHABH PLASTICS

JUDGEMENT

(1.) THIS is a Revenue appeal arising from Order -in -Appeal No. 63/2004 dated 5 -4 -2004 passed by the Commissioner of Customs (Appeals), Cochin.

(2.) THE Commissioner (A) has accepted the declared value in the Bill of Entry dated 13 -1 -2004 in respect of various imported electrical and other consumable items on the basis of the value declared in the invoice dated 20 -3 -2003. The finding recorded in Paras 3 - 8 are reproduced herein below :

(3.) IN the grounds of appeal, the appellants have stated that the Department did not adhere to the procedure prescribed in Rule 3 of the Customs Valuation Rules in rejecting the transaction value. The procedure prescribed under Rule 10A was not carried out. Since prices of identical models of VCD were not available, prices of similar models imported at Madras were relied upon. Ultimately, the lower authority enhanced the assessable value of the goods after rejecting the same based on certain prices, which were downloaded from the internet. Also confiscation of the goods and the imposition of penalty for enhancement of value is itself bad in law and need to be set aside.