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2011 (5) TMI 532 - CESTAT, AHEMDABADEnhancement of Assessable value - MRP declared by the appellants based upon the enhanced assessable value - Held that:- Commissioner has not dealt with the basic stand of the appellant that there being no dispute about the transaction value, being the correct value paid by them to the foreign suppler, there is no need to go through the other provisions of the Customs Valuation Rules. The only reason for rejecting the transaction value by the Commissioner is that the same appears to be on lower side when compared with the other contemporaneous records. However, the appellants strongly contended that they have purchased the electronics items from Dubai, in stock lot having different country of origin. Further, it is also seen that the bills of entry relied upon by the Revenue are not matching with the present bill of entry either in time or in quantity or in model numbers. As rightly contended by the learned advocate, the market of electronic items moves very fast on account of introduction of new models in the field and with new technology. As such, even a gap of 5-6 months can be considered as huge gap. As admittedly the Revenue has not produced any evidence on record to reflect upon the fact that the transaction value made by the importers to the foreign sellers was not correct or there was any financial flow back from the importers to the foreign supplier, the enhancement of the assessable value based upon the other bills of entry, which cannot be held to be contemporaneous on account of different time, different quantity and different models, cannot be held to be justified. Thus enhancement of the MRP declared by the appellants based upon the enhanced assessable value, cannot be upheld. In favour of assessee.
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