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2016 (12) TMI 1204 - AT - CustomsValuation - rejection of value based on contemporaneous imports - Rule 8 - Held that: - The reliance placed for enhancing the value seems to be incorrect as the prices of the same product during May, 2004 may not be the same in January, 2005 - Secondly, for rejecting the declared price reliance was placed on the imports made in May, 2004 while arriving at the conclusion of under valuation, the adjudicating authority as well as the first appellate authority relied upon imports during January, 2005 to March, 2005. This would indicate for rejecting the transaction value during January, 2005 there was no data available as the data was relied upon in the Order-in-Original was of April, 2005 was not indicated to the importer - Thirdly, on perusal of details of contemporaneous imports as relied upon by the adjudicating authority to enhance the value from $2.4/Kg to $3.18/Kg., is also on wrong footing as the details lack the quantity of imports, the country of origin and manufacturer of the goods - the same cannot be held as contemporaneous imports to reject the value declared by the appellant-importer - appeal allowed - decided in favor of appellant-assessee.
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