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2005 (2) TMI 314 - CESTAT, NEW DELHIValuation (Customs) - enhancing the assessable value of the goods - demand of duty - Penalty - contemporaneous imports - HELD THAT:- In the present matters the Appellants have submitted the contemporaneous imports which show that the prices at which they have imported the goods are not abnormal but are consistent with the prices of the contemporaneous imports. Infact the Commissioner himself has mentioned in one of the impugned Order that the contemporaneous evidences are equally tilted on both sides. There is no challenge of this finding in the impugned Adjudication Order by the Revenue. Once the Commissioner finds that the contemporaneous evidences support the prices declared by the Appellants, the said evidence cannot be discarded and the value cannot be enhanced on the basis of other evidence. We also note that the Adjudicating Authority has also mentioned in the said impugned order that the Appellants have a genuine insurance cover issued ten days before the departure of the ship from the point of loading which the Department had not questioned to be incorrect and that the foreign supplier had a signed invoice from the US supplier. We find substantial force in the submissions of the learned Advocate that the Revenue has not brought any concrete material to prove that the invoices submitted by them are not genuine. The sole basis for enhancing the assessable value is the export declarations obtained by the Revenue from Italian Customs/US Customs of which original copies have not been brought on record. We, therefore, set aside all the impugned orders and allow all the appeals with consequential relief, if any.
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