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2017 (7) TMI 182 - AT - CustomsValuation of imported goods - ‘compressed natural gas (CNG) kits and cylinders’ - rejection of declared value - Held that: - The suppression of the price-list of the manufacturer from assessing authorities by the importer was considered sufficient to discredit the declared value - No cogent explanation has been afforded by the appellant to justify the condition in which unduly high discount was accorded in the negotiation - The contemporaneous nature of the goods imported for the purposes of comparison of valuation do not appear to be in doubt. The adjudicating authority has gone on to adopt a ‘contemporaneous price’ for the levy of duty under Customs Act, 1962. However, in doing so, the impugned order has failed to place on record the bills of entry from which it was sourced as well as the manner in which that assessment was compliant with the valuation provisions - In order that the adjudication order is seen to be legal and proper, it is necessary that this glaring lack be rectified by examination of the bills of entry pertaining to imports effected contemporaneously and adequate opportunity be given to the appellant to present the case - appeal allowed by way of remand.
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