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2016 (1) TMI 326 - SC - CustomsUnder-valuation of goods - comparable / identical goods - appellant argued that the products mentioned in Charts A and B could not be the basis for determining the valuation of goods mentioned in Chart D. He relied upon the reasoning of the Commissioner in this behalf and submitted that the order of the Commissioner should not have been opposed by the CESTAT. We do not agree with the aforesaid submission for more than one reason. In the first instance, the CESTAT has categorically taken note of the submission of the Revenue that majority of goods listed in Chart D are identical to goods described in Charts A and B. If that is correct, coupled with the fact that the valuation of goods insofar as Charts A and B is concerned has become final, we do not understand as to how that cannot be the basis for determining the transaction value of those goods listed in Chart D which are identical to the goods described in Charts A and B. Consequently, for this purpose, the matter is remitted back to the Commissioner. - Decided against the assessee.
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