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2013 (10) TMI 809 - AT - CustomsValuation of goods - Transaction value and enhancement of the value - Held that:- department could not show any evidence that the transaction value declared by the appellant was not price actually paid and that buyer and seller of the goods are related persons and the price was not a sole consideration. No investigation what so ever has been carried out beyond the point that director of the appellant a NRI was residing at Taiwan for 25 years. Further the rejection of transaction value is not supported by evidence of contemporaneous import. However the department took recourse to the theory of preponderance of probability to prove the case. The said theory cannot be a substitute for lack of investigation and absence of evidences - Rejection of the transaction value and enhancement of the value by the department in this case are not sustainable in law - Following decision of EICHER TRACTORS LTD. Versus COMMISSIONER OF CUSTOMS, MUMBAI [2000 (11) TMI 139 - SUPREME COURT OF INDIA] and Pushpanajali Silk Pvt. Ltd. vs. Commissioner of Customs [2008 (8) TMI 310 - CESTAT CHENNAI] - Decided in favour of assessee.
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