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2019 (4) TMI 1865 - AT - CustomsValuation of imported goods - Aluminum Scrap ‘Talk’ - enhancement of declared value based on NIDB data - Rule 9 of the Customs Valuation (Determination of Value of imported goods) Rules, 2007 - HELD THAT:- For enhancing the value of the imported goods, Revenue is under an obligation to first reject the transaction value by production of evidences to the contrary. The said issue was considered by the Tribunal 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] which stands upheld by the Hon’ble Supreme Court when the appeal filed by the Commissioner was rejected - There is no evidence produced by the Revenue rejecting the transaction value. Otherwise also, the NIDB data has been held as non-reliable, for the purpose of enhancement of value of imported goods, by various decisions. The Hon’ble Supreme Court in the case of COMMISSIONER OF CENTRAL EXCISE AND SERVICE TAX NOIDA VERSUS M/S SANJIVANI NON FERROUS TRADING PVT LTD [2018 (12) TMI 738 - SUPREME COURT ] held that unless the value declared by the appellant is not rejected by the Revenue the same cannot be enhanced in terms of the Section 14 of the Customs Act, 1962. The enhancement of the value of the goods is unsustainable - appeal allowed - decided in favor of appellant.
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