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2008 (9) TMI 366 - AT - CustomsValuation - The appellant is a 100% EOU. They are manufacturing probes which are component parts of ultra sound scanners. They are permitted to clear their goods to DTA area. - They cleared some quantity of probes into DTA to their own service centre. The subject matter of the dispute is the valuation adopted. - In this case, the value adopted is equal to the FOB value of the goods exported by the party to their associate units and there is a SVB Circular indicating that such price has not been influenced by the relationship between the buyers and the seller. - in terms of Customs Valuation Rules, the domestic selling price cannot be the basis for valuation of goods under the Customs Act and Customs Valuation Rules. – Further suppression of facts is not proved as goods were cleared after obtaining permission of department so extended period not invocable
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