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2024 (3) TMI 698 - AT - CustomsValuation of the imported goods - Mis-classification of goods - value of the goods on the basis of some entries taken from the rough note books and diaries - Demand - Penalty levied - imported goods as pre-sensitized positive offset aluminium plates - classified under CTI 8442 50 39 - whether the entries in the notebook/ diaries can be considered for determining the transaction value - HELD THAT:- In the present case, the corroborative evidence, as noted above, indicates that the value mentioned by the appellant in the Bills of Entry is comparable to the assesseed value of the good imported by other importers at the same time. The value is also comparable to the value determined by the designated authority in the Final Notification in anti-dumping matter. It would be seen from the comments that rough entries were made and they cannot be considered towards payment received from imports. It needs to be noted that Rakesh of Aakruti Impex is an Indian buyer and Ajit Kumar Jain has maintained receipt and payment from him in Rupees with exchange rates of RMB and USD for rough estimation. Aakruti Impex is the only buyer of offset printing plate imported by Barfo Impex under the seven Bills of Entry and sold under 22 VAT invoices. The contention of the appellant, therefore, is that the local rough estimates of Rakesh of Aakruti Impex made in foreign exchange were for rough business estimation only and they cannot be considered towards payment made to overseas supplier, more particularly when the value of the imported goods is comparable to the contemporaneous imports and the value indicated in the Final Anti-Dumping Notification dated 15.05.2020. Hence, it is not possible to accept the contention of the department that the transaction value was required to be rejected as the rough registers indicated some additional consideration, apart from the banking transactions, and the transaction value was correctly re-determined in accordance with the 2007 Valuation Rules. Thus, the impugned order dated 06.01.2020 passed by the Principal Commissioner deserves to be set aside and is set aside. Customs Appeal are, accordingly, allowed with consequential relief (s) if any.
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