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2017 (3) TMI 1144 - AT - Central ExciseEOU unit - clearance of processed goods i.e Marble slabs in Domestic Tariff Area - undervaluation - demand - Held that: - the demand has been raised mainly on the basis of DGFT circular fixing the minimum import price of the imported Marble Blocks. However, there is no evidence of any manipulation in transaction value changed by the Appellant to their buyers. The sale has been made to the independent buyers and the price is the sole consideration of sale - There is no investigation/ findings that the importer has paid the amount equal to minimum import price to the seller of the Marble blocks. The application of Rule 8 of the Valuation rules by reckoning the Minimum Import Price as the base price is not an approved method under the Customs law and the valuation arrived at by this method is not correct - appeal allowed - decided in favor of appellant.
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