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2023 (5) TMI 671 - AT - CustomsValuation of imported goods - PVC sheeting - rejection of declared value - enhancement of value - rule 7 of Customs Valuation (Determination of Value of Imported Goods) Rules, 2007 - Confiscation - redemption fine - penalty - HELD THAT:- The lower authorities proceeded on the assumption that the impugned goods are of ‘prime’ quality but, nonetheless, relied upon alternatives in valuation that are not consistent with the finding for it is inconceivable that similar goods, of ‘prime’ quality, were not being imported and the sweeping declaration of non-availability is not borne by any record of search for such. It would not be out of place to suggest that the lower authorities appear unsure of the their own conclusions inasmuch as determination, and approval thereof, in accordance with the residual rule 9 was not allowed to stand on its own but placed alongside rule 7 of Customs Valuation (Determination of Value of Imported Goods) Rules, 2007 - As rule 9 of Customs Valuation (Determination of Value of Imported Goods) Rules, 2007 is to be invoked only upon inability of ascertained under any of the preceding rules, the concatenation of the two itself is not permissible in law. It is clear from the manner in which the re-determined value has been computed, and from specific assertion of the market survey being confined to imported goods, that it is based on prices obtaining for domestically produced articles. The valuation under rule 9 of Customs Valuation (Determination of Value of Imported Goods) Rules, 2007 fails on this ground. Likewise, rule 7 of Customs Valuation (Determination of Value of Imported Goods) Rules, 2007 requires adoption of the value of identical or similar imported goods sold in India as the base for computation of unit price. There is nothing on record to evidence that the market survey was confined, unarguably, to imported goods without which the re-determination thereof fails the test of law. Appeal allowed.
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