No rejection in Transaction value by invoking rule 10A of Valuation Rules without revealing evidence of undervaluation

Elegant International Vs Commissioner of Central Excise (Adjudication) (CESTAT Delhi) Conclusion: Transaction value could not be rejected by invoking rule 10A of Valuation Rules in the absence of evidence showing undervaluation. Further, the finding that the silk fabric imported by the other four importers and the silk fabric imported by assessee were identical, as same “article member” was provided in the Bills of Entry could not be sustained. Held: Commissioner of Central Excise (Adjudication) passed order rejecting the transaction value of the imported silk fabrics from China through 37...