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2015 (12) TMI 789 - AT - CustomsConfiscation of goods - Re-determination of value under Rule 8 of Customs Valuation Rules, 1988 - Import of yellow poppy seeds - Held that:- If contemporaneous value of imports were available at US $ 900 PMT then re-determination of value should have been done either under Rule 4 or Rule 5 of Customs Valuation Rules, 1988, which has not been done and which clearly shows that department has not done the re-determination on the basis of value of on contemporaneous of imports. The very fact that redetermination has been done under Rule 8 clearly shows that the basis for re-determination is not contemporaneous value of imports. A copy of the market inquiry report is available on record which we have perused. The said market inquiry report is not signed by anyone including the officer of the Customs and the representative of the respondent. Therefore, the same cannot be accepted as a valid piece of evidence. While conducting the market inquiry, a representative of the importer should have been co-opted. Thus the evidentiary value of the so-called “market inquiry” itself is suspect. Further, we note that the lower appellate authority while considering the valuation done by the assessing authority has relied upon the decision of the Apex Court and the Tribunal in similar circumstances and has come to the conclusion that the loading of value done by assessing authority is without any basis. Therefore, we see no reason to interfere with the said order - Decided against Revenue.
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