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2009 (6) TMI 275 - CESTAT AHMEDABADContemporaneous import – valuation - Importer made a contract with manufacturer for supply of goods for a period of six months - Revenue has not advanced any evidence to show that the contract price was not correct. They have also not effectively rebutted the reasoning of the Commissioner (Appeals) as regards the effect of fluctuating market, which stands dealt in by Tribunal in the case of Finolex v. CCE, Pune The product in question being petroleum based product, the price of which swing in the international market along with swing in the petroleum price. The appellate authority has taken into account the evidence showing fluctuations in the international market of the goods in question. - We do not find any infirmity in the order passed by the Commissioner (Appeals). Accordingly, the appeal filed by the Revenue is rejected.
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