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2017 (11) TMI 496 - AT - CustomsMisdeclaration of imported goods - Valuation - mixed lots of PU leather cloth fabrics - rejection of transaction value declared by the respondents - contemporaneous imports - Held that: - the declared value has been rejected on mere assumptions and presumptions. The department has not been able to adduce any cogent evidence for holding that the declared transaction value is not correct. The Commissioner (Appeals) in para 4.6 has rightly discussed that there is no allegation in the present case that the buyer is related to seller and therefore Rule 7A cannot be invoked without first excluding Rules 5 to 8 with valid reasons - there is no evidence of contemporaneous imports put forward so as to hold that the respondents have declared incorrect transaction value. The department has failed to prove that the goods imported by the respondents are of the same quality of the goods referred in the DRI Alert Circular. That being so, the rejection of transaction value is not acceptable - appeal dismissed - decided against Revenue.
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