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2017 (12) TMI 175 - AT - CustomsValuation of imported goods - Alloy Wheels as also Car Truck tyres of various brands - rejection of declared value - whether clearances of goods by paying customs duty on the higher enhanced assessable value, precludes the assessee from challenging the same before the higher appellate forum? - Held that: - It is a matter of common experience that the importers, clear the goods, by payment of duty on the enhanced value, inasmuch as the goods imported by them are required and cannot be allowed to be retained by the Customs as the same incurr demurrage and other expenses. It is again a fact of common knowledge that settlement of dispute take years and the imported goods cannot be allowed to be deteriorated in quality till the final out-come of the dispute - Inasmuch as the goods imported by the appellant were required in the assessee's factory, the same were cleared by them on payment of the duty on enhanced value and this fact by itself cannot be adopted as a ground for resolving the disputed issue of valuation - payment of duty at the enhanced value and clearance of the goods in urgency cannot preclude the assessee from challenging the assessed bill of entry on the sole ground that goods stand cleared at the enhanced value. Valuation - enhancement of value - Held that: - Revenue has not adduced any evidence to show flow of any under hand consideration to the supplier of the goods - As per the settled law, the transaction value has to be adopted as correct assessable value for the purposes of payment of duty unless the same is proved to be incorrect, on the basis of positive and tangible evidences - transaction value has to be adopted as the correct assessable value. Appeal allowed - decided in favor of appellant.
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