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2016 (11) TMI 301 - AT - CustomsValuation - Fused Magnesia - assessable value - Rule 10A - rejection of declared value - comparable goods imported from Vizag - Held that: - It is seen that the appellants have not pointed out the country of origin and the name of the supplier in the said cases of import at Vizag. In the absence of the same it cannot be said that they are comparable goods. In the case of contemporary imports pointed out by the Revenue it is seen that both the imports are from same supplier M/s.Possehl, Hong Kong and very proximate date of import of the appellant. In these circumstances, not relying of the import made in Vizag and relying on imports made from the same supplier at near about the same time is justified. The decision in the case of COLLECTOR OF CUSTOMS, BOMBAY Versus SHIBANI ENGINEERING SYSTEMS [1996 (8) TMI 106 - SUPREME COURT OF INDIA] referred, where it was held in similar circumstances involving import from a trader, where the manufactures invoice was not produced, that ridiculously low price can be rejected. In the instant case, the price declared was less than 40% of the contemporary import price and therefore, it was rightly rejected. Furthermore, the appellants have contested that what they have imported is of 97% purity and the purity of the contemporary imports has not been mentioned. It has been argued that the contemporary imports made have been of 97% purity. We find that the imports of appellant are of 97% purity and the purity in the case of the contemporary imports cited by the appellant as well as Revenue is not mentioned. In any case, the difference between the declared price and the contemporary import price from the same company and the same country of origin is extremely high. Even if there is some difference in purity it cannot be significant as the imports made by the appellants are 97% purity and there is not much scope to purify the product further. Appeal dismissed - decided against appellant.
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