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2014 (5) TMI 202 - AT - CustomsValue of the cut rebilite and cut emerald – No Evidence of import of sample goods - Can the price of cut rubilite and cut emerald be less than the price of the rough rubilite stone - Held that:- Department has got the value of cut & polished rebilite and cut & polished emeralds ascertained by a Panel of Gems experts - The opinion of the experts panel which has been relied upon by the Department does not mention the quality - It is not known as to whether the rough of rubilite whose declared value is US$ 25 per carat, is of superior grade/quality than the cut & polished rubilite & emeralds - Moreover, there is no evidence of contemporaneous import of identical or similar goods i.e. cut & polished rubilite and emeralds of the same quality in comparable quantity at the prices which are sought to be adopted by the department - There is no justification for rejecting the declaration transaction value and as such there is no infirmity in the impugned order – Decided against Revenue.
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