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2018 (1) TMI 1541 - AT - CustomsValuation of imported goods - Aluminium Waste and Scrap - rejection of declared value on the basis of a Circular issued by the Directorate General of Valuation being Circular LR No. 14/2005 dated 16.12.2005 - HELD THAT:- The issue decided in the case of M/S SANJIVANI NON FERROUS TRADING PVT. LTD. VERSUS COMMISSIONER OF CENTRAL EXCISE & SERVICE TAX, NOIDA [2017 (3) TMI 359 - CESTAT ALLAHABAD] where it was held that the assessable value has to be arrived at on the basis of the price which is actually paid and in a case the prices is not sole consideration or if the buyers and sellers are related persons then after establishing that the price is not sole consideration the transaction value can be rejected and taking the other evidences into consideration the assessable value can be arrived at. Such exercise has not been done in these cases on hand. Inasmuch as the issue stands decided in favour of the appellant by above referred decision of the Tribunal, impugned order set aside - appeal allowed - decided in favor of appellant.
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