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2023 (10) TMI 541 - CESTAT CHENNAIRevaluation of imported goods - Vitrified and Porcelain Tiles - rejection of declared value - reliance placed on NIDB data - HELD THAT:- There is no discussion as to the quantity of import, commercial level and other data insofar as the NIDB data referred to is concerned, nor anywhere is found to any discussion by the original authority as to how the same were comparable with the impugned goods on hand, imported by the appellant. There is no discussion also as to the quality, thickness, etc., in the goods referred to in the NIDB data. The Tribunal Benches across India have held that the NIDB data alone cannot be the basis for rejection of the transaction value. There is a reference to under-valuation way back in 2000, no specific reference to the appellant’s case, no reference ever made to the price being at arm’s length, nor is there any allegation that the transaction was between related parties. In the case on hand, the Revenue has not alleged anything other than relying on NIDB data. The Revenue has to first establish that the goods imported and contemporaneous goods are identical in the first place before proceeding further, which exercise has not at all been done by the Revenue in the case on hand - The Hon’ble Apex Court in its latest judgement in the case of COMMISSIONER OF CUSTOMS (IMPORTS) , MUMBAI VERSUS M/S GANPATI OVERSEAS THROUGH ITS PROPRIETOR SHRI YASHPAL SHARMA & ANR. [2023 (10) TMI 364 - SUPREME COURT] has held that the legal position is that transaction value can be rejected if the invoice price is not found to be correct but it is for the Department to prove that the invoice price is not correct. The under-valuation attempted by the Revenue does not persuade to approve the same in any manner - the re-valuation cannot be accepted that came to be upheld in the impugned Order-in-Appeal as well, for which reason the impugned order is set aside. Appeal allowed.
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