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2015 (12) TMI 1 - AT - CustomsValuation of goods - valuation of 10 varieties of Integrated Circuits and 6 varieties of transistors imported under Bill of Entry dated 8.9.2003 - Held that:- Assessable value cannot be determined on the basis of quotation. Quotations are merely indicative price having no relevance as to the Country of Origin, which is admittedly not mentioned on the quotation. With respect to the IC No. 0800HCN, (Sr. No. 2 of Annexure-B to show-cause notice), the Revenue has relied on the NIDB website, wherein the number of ICs are not reflected at all, whereas under the Bill of Entry, the Country of Origin is other than Japan. In the case of Bill of Entry No. 655048 relied upon by the Revenue, copy of the same have not been supplied to the appellant leading to violation of principles of natural justice and the finding is thus perverse. In another Bill of Entry as relied upon by the Revenue, the quantity is only 300 of M/s Shreeji, whereas the quantity imported by the appellant is 10,000 and there is also difference in Country of Origin. It is something different and/or short with respect to comparison adopted by the Revenue for the purpose of under-valuation. - Revenue has not discharged the burden to establish under-valuation as required under the Customs Valuation Rules, 1988. In this view of the matter, we reject the value adopted by the Revenue - Decided in favour of assessee.
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