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2016 (11) TMI 812 - CESTAT MUMBAIRejection of declared value - overvaluation of imported goods - ‘beverages/carbonated soft drinks - SVB - Held that: - Settled law requires acceptance of declared value as transaction value under rule 4 of Customs Valuation (Determination of Price of Imported Goods) Rules, 1988 and rule 3 permits, in the event of sufficient ground for rejection of declared value, adoption of revised value but in accordance with sequential application of rules 5 to 8. The nature of relationship between importer and supplier have not been adduced and, not unnaturally, the manner in which price was influenced has not been elaborated upon. There does not appear to be any basis for the fixation of enhancement by twenty per cent over the declared value. Indeed, the failure of application of mind on the part of the two lower authorities can be gauged from their inability or unwillingness to identify the goods that were being sought to be re-valued. There is an omnibus reference to rule 9 in the order of original authority which appears to have been concurred with by the first appellate authority without comprehending the oddity of an enhancement apparently under rule 8 with reference to rule 9 which, as even the most casual perusal of the Rules would demonstrate, as applicable only when the declared value is not rejected but is adjusted for the specific circumstances enumerated therein - The two proceedings leading to this appeal before us is a pathetic display of arbitrariness and ignorance. Needless to say, it fails to meet the most basic requirement of law and deserves to be set aside - appeal allowed.
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