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2016 (11) TMI 1270 - CESTAT BANGALOREValuation - enhancement of value - Rule 6 of the Customs Valuation Rules, 1988 - Indonesia Copra Expeller Cake - The importer has totally imported 4000 MTs of Copra Expeller Cake. Out of this, quantity of 3000 tonnes have been imported at US $ 146 per MT whereas the balance 1000 MTs has been imported at a higher value of US $ 165 per MT. Revenue has enhanced the value of that portion of the imported cargo to the extent of 3000 MTs to US $ 165 per MT from US $ 146 which is the price paid for the balance 1000 MT - Whether enhancement of value justified? - Held that: - the Revenue authorities have enhanced the value without giving proper justification for rejecting the transaction values. The enhancement of values ordered by the lower authorities appears to be in the nature of arbitrary and triggered by the fact that some goods stand imported by the importer in the same vessel at different prices. We are of the view that the fact that both the consignments had different prices and have been imported in the same vessel can be no valid reason for disregarding the transaction value. In any case, Revenue has not brought any other documentary evidence to say that the transaction value is to be doubted. The Hon’ble Supreme Court s decision in the case of EICHER TRACTORS LTD. Versus COMMISSIONER OF CUSTOMS, MUMBAI [2000 (11) TMI 139 - SUPREME COURT OF INDIA] support our stand. The impugned order cannot be sustained in the light of Section 14 of the Customs Act, read with Customs Valuation Rules - appeal allowed - decided in favor of appellant.
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