LAWS(CE)-2009-4-209

C.C.E. Vs. OM SAIRAM TRADING CO.

Decided On April 01, 2009
C.C.E. Appellant
V/S
Om Sairam Trading Co. Respondents

JUDGEMENT

(1.) REVENUE filed this appeal against the Final Order No. 188/NS/GGN/06 dated 30.6.06 passed by the Commissioner (Appeals) whereby the enhancement of value was set aside.

(2.) THE relevant facts of the case, in brief, are that the respondents imported a consignment of polyester knitted fabrics and filed bill of entry No. 1433 dated 14.12.05 declaring the price as US $ 1.4 per kg. The assessing officer assessed the bill of entry and enhanced the value to US $ 2.5 per kg. Respondents deposited the duty under protest on the enhanced value. They also filed appeal before the Commissioner (Appeals). By the impugned order, the Commissioner (Appeals) set aside the enhancement of the value. Hence the Revenue filed this appeal.

(3.) LEARNED Representative for the respondents reiterates the finding of the Commissioner (Appeals).