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2014 (10) TMI 552 - AT - CustomsUndervaluation of goods - Demand of differential duty - Held that:- As regards the e-mail offers, price/value cannot be determined on the basis of offer. As regards contemporaneous import, it is settled law and as per Valuation Rules also, when contemporaneous import are considered and country of origin is to be same, the supply quantity should be comparable and period should be as best as possible. From the statement of the proprietor, contemporaneous imports submitted would emerges as the price declared by the appellant was not allowed when contemporaneous import price was not very low. - in this case the adjudicating authority had resolved the valuation under best judgment rule. It is admitted by the adjudicating authority in the impugned order that the imports were made by other importers and contemporaneous import price available but the only reason for denial is that the grade or colour difference was not found but on these cases description is the same as shown by the appellant. Moreover no examination report has been placed by the adjudicating authority to reject the price of the contemporaneous imports. Further no evidence except the statement of the proprietor has been brought on record for flow of money by the appellant. It is settled law that when the price of the contemporaneous import is available then the least of the same is to be adopted as transaction value. We have examined all the contemporaneous imports made by other importers during the import period which shows that description as shown by the appellant and all the imports are more or less of the same value. Therefore, impugned order is not sustainable in the eyes of law - decided in favour of assessee.
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