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2017 (12) TMI 729 - AT - CustomsValuation - enhancement of value - contemporaneous imports - Held that: - The Department is interpreting admission by appellant no. 1 to enhance the value to US dollar 2.6 per kg. by the importer as evidence that the goods were undervalued. However, that enhancement was based on the email/proforma invoices and there is no evidence of contemporaneous imports as the basis to enhance the value - in the absence of actual contemporaneous imports of identical or similar goods, the email from DRI citing prices for different counts of yarn or the proforma invoice is not sufficient basis to redetermine the transaction value under Customs Valuation Rules 2007. In the absence of any evidence of contemporaneous imports on record, the enhancement of value is completely unsustainable - penalty set aside. Appeal allowed - decided in favor of appellant.
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