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2019 (10) TMI 3 - AT - CustomsValuation of imported goods - copper scrap & heavy melting scrap - rejection of assessable value - HELD THAT:- The goods were purchased by the appellant on high sea sale basis. Even as per the report of Charter Accountant, the goods were nothing but metal scrap with some of the scrap item of the aluminium. The lower authority has enhanced the value based upon the value of metal as reflected in LME prices, without rejecting the transaction value. There is no evidence on record that the transaction value paid by the appellant to the foreign exporter is incorrect and some more consideration stands paid to them. An identical issue was considered by the Tribunal in the case of M/S R.K.G. INTERNATIONAL PVT. LTD. VERSUS COMMISSIONER OF CUSTOMS & CENTRAL EXCISE [M/S R.K.G. INTERNATIONAL PVT. LTD. VERSUS COMMISSIONER OF CUSTOMS & CENTRAL EXCISE [2019 (4) TMI 1759 - CESTAT ALLAHABAD]] and by taking note of Hon’ble Supreme Court’s decision in the case of COMMISSIONER OF CENTRAL EXCISE AND SERVICE TAX, NOIDA VERSUS M/S. SANJIVANI NON-FERROUS TRADING PVT. LTD. [2018 (12) TMI 738 - SUPREME COURT], enhancement of value was set aside. There are no reasons to uphold the enhancement - the demand of duty as also confiscation of goods and imposition of penalty is set aside - appeal allowed - decided in favor of appellant.
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