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2006 (4) TMI 319 - AT - CustomsValuation - determination of the value on the basis of Internet price - confiscation of the goods - redemption fine and penalty - HELD THAT:- We have gone through the records of the case carefully. The transaction value can be rejected under the circumstances mentioned in Rule 4(2) of the Customs (Valuation) Rules, 1988. If the circumstances mentioned in Rule 4(2) are not present, even then the transaction value can be rejected in terms of Rule 10A of the Valuation Rules. However, the Department has not done thorough investigation to show that the identical or similar goods are imported at higher price. Only Internet price has been relied on. It is well known that the price of a commodity depends on many factors including the commercial level. All these things have to be taken into account. Under Rule 10A, the Department has to do thorough investigation before rejecting the transaction value. In the present case, the Department has simply gone by the website of the manufacturer. The transaction value cannot be assailed only on valid grounds. There is no evidence that the appellant’s pay much more than what has been mentioned in the invoice. There are no sufficient grounds to reject the transaction value. The case laws relied on by the appellant’s are very relevant. In these circumstances there is no merit in the orders of the lower authorities. Therefore the appeals are allowed with consequential relief.
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