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2020 (3) TMI 1011 - AT - CustomsValuation - assessable value of imported goods - Aluminium scrap - rejection of declared value - HELD THAT:- Reliance placed 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] where it was held that The Tribunal has clearly mentioned that this declared price could be rejected only with cogent reasons by undertaking the exercise as to on what basis the Assessing Authority could hold that the paid price was not the sole consideration of the transaction value. Since there is no such exercise done by the Assessing Authority to reject the price declared in the Bills of Entry, Order-in-Original was, therefore, clearly erroneous. Inasmuch as, the Appellate Authority has relied upon the Hon’ble Supreme Court’s decision in the case of M/s Sanjivini Non-Ferrous Trading Pvt. Ltd. and the revenue in their memo of appeal have not given any valid reason to deviable from the said decision, we find no justifiable reasons to interfere in the impugned order - appeal dismissed - decided against Revenue.
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