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2017 (2) TMI 663 - AT - CustomsClassification - valuation - brass scrap - brass scrap arisen during the course of manufacture of artificial jewellery - whether classified under 74072110 as brass ingots, or under 74040022 as brass scrap? - Held that: - Looking to the shapes in which the goods are being cleared, the classification as a brass bar is more appropriate than the classification as brass scrap. There is no difference in rate of duty between the two classifications - Since two views are easily possible in the classification of a product, mis-declaration with intend to evade payment of duty cannot be alleged. Valuation - Held that: - Revenue is not in possession of any evidence to conclude that the transaction value is to be disregarded - By considering the goods as other than brass scrap, Revenue has gone ahead with enhancement of the value of the goods. We find that such a step adopted by Revenue does not have the sanction of law. Valuation of imported goods is required to be done on the basis of normal transaction value. To disregard transaction value, sufficient reasons should be available - enhancement of value ordered by Revenue is without justification. Appeal allowed - decided in favor of appellant.
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