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2016 (3) TMI 936 - AT - CustomsSustainability of enhancement of value done under Rule 5 of the Customs Valuation Rules, 1988 - Import of medium density fiber boards - Transaction value under Rule 4 ibid rejected - Value enhanced on the basis of value noted for contemporaneous imports - Held that :- the learned counsel placed on record a bill of entry filed at Chennai where the same value was declared and was accepted by the Customs.Also, there are number of contemporaneous imports at higher values, but the details of those contemporary imports have not been disclosed. Moreover, the observation in the order-in-original that the contemporary imports varied from USD 160/- to USD 220/- per CBM, but the adjudicating authority has ignored the evidence produced by the appellant that the value of USD 130/- and USD 140/- were also accepted by the Customs. Moreover, the copies of bill of entry and invoices relied upon by the adjudicating authority were not supplied to the appellant. The names of the importers are also missing; the quantity is not mentioned and the size, grade and quality are also absent. The unit price which is the most important factor is missing and, therefore, the order of the adjudicating authority is completely weak and not reliable. Also, no evidence led by the Revenue to counter the values declared by the appellant. Therefore, by considering the various case laws, the value of per CBM declared by the appellant as USD 130/- should be accepted as the transaction value. Consequently, the enhancement of the value made by the lower authorities is not sustainable in law. Decided in favour of appellant with consequential relief
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