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2017 (11) TMI 47 - AT - CustomsMisdeclaration of valuation description and quantity of imported goods - goods imported in the Semi Knock Down (SKD) conditions - Held that: - value of some of the items like parts of the calculators was not ascertained during the market enquiry. It appears that the market enquiry conducted by the Department has been questioned by the respondent as no chart of detailed process was supplied to the respondent. Regarding the valuation of the imported goods, the Hon’ble Supreme Court in the case of Eicher Tractors Ltd. Vs. CC Mumbai [2000 (11) TMI 139 - SUPREME COURT OF INDIA] has held that It is only when the transaction value under Rule 4 is rejected, then under Rule 3(ii) the value shall be determined by proceeding sequentially through Rules 5 to 8 of the Rules. Conversely if the transaction value can be determined under Rule 4(1) and does not fall under any of the exceptions in Rule 4(2), there is no question of determining the value under the subsequent Rules. The goods were in the SKD conditions for which proper entry or enquiry was neither possible nor made - impugned order sustained - appeal dismissed - decided against Revenue.
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