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2004 (4) TMI 80 - SC - CustomsWhether the Tribunal was justified in allowing duty credit at a rate claimed by the respondent under the Passbook Scheme in regard to the import of Vitamin Mixes in favour of the respondent by reversing the order of the Assistant Commissioner of Customs, Chennai, dated 5-2-1998 and accepting the order of the Commissioner of Appeals ? Held that:- Concentration/percentage of Vitamin Mixes for preparation of Shrimps feed differs from brands/manu-facturer/feed formulae and types of feed, therefore, the safest material to rely upon would be the actual importation of cost incurred on that type or category of Vitamin Mixes used in the preparation of Shrimps feed by the supplier of Shrimps and fish products to the respondent. Since such material was available and the same was relied upon by the Commissioner (Appeals) and the tribunal, we do not find any reason to interfere with the same. From the above discussion, it is clear that the Tribunal has applied its mind to the material available on record and on that basis came to the conclusion that the value fixed by the Commissioner of Appeals was a just value. Unable to agree with the contention advanced on behalf of the appellant that the finding as to the valuation made by the Tribunal either suffers from any perversity or is not based on the material-on-record calling for our interference. Against assessee.
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