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2014 (2) TMI 217 - CESTAT NEW DELHIClearance of Ferrite magnet & Ferrite magnet rings - Valuation of goods - Declaration of the value based upon the invoices raised by the supplier - Enhancement as per instructions of C.B.E. & C. vide Circular No. 91/2003-Cus., dated 14-10-2003 - Revenue has contended that inasmuch as the appellants cleared the goods on enhanced value, they were precluded from contesting the same - Held that:- The said circular itself makes it clear that proper officer is required to intimate in writing the grounds for enhancing the value and a reasonable opportunity is required to be given to the importer before the final decision is taken. It is only in those cases where both the sides agree to resort to enhancement of value. That no orders are required to be passed. Merely because the importer has cleared the goods at enhanced value to save the demurrage charges or otherwise, by itself, does not mean that the importer is consenting to enhance the value. It is right of the importer to contest the enhancement and fact of clearance of goods, cannot preclude the importer from exercising the right of appeal - Decided against Revenue.
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