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2019 (2) TMI 509 - CESTAT NEW DELHIValuation of imported goods - enhancement of value - Detention of goods on the ground that the appellant have not been able to produce the import documents or purchase documents of the imported auto parts which were detained from the domestic market area - Provisional release of the seized goods - Section 110A of the Customs Act, 1962 - Held that:- Since the declared value of the import consignment has already been enhanced by the Department and as it is a settled legal principle that once enhanced, the same value cannot be re-visited again without any concrete evidences. As alleged in the show cause notice dated 01/03/2018 that price list mention the higher prices than declared by the importer we will like to mention that the price list of any product cannot be taken as the basis for determining the transaction value as has already been held by Hon’ble Supreme Court in the case of Eicher Tractors Ltd. vs. CC, Mumbai [2000 (11) TMI 139 - SUPREME COURT OF INDIA]. Provisional release of the goods should be allowed to the appellant on submission of a bond for an amount of ₹ 92,90,825/- backed by bank guarantee of ₹ 2 lakhs as per provisions of Section 110 (2) of Customs Act, 1962 - appeal allowed.
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