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2017 (4) TMI 1075 - AT - CustomsValuation - Branded cut and polished cubic zirconia of PRECIOSA Brand - reasonable belief that value declared on the invoice appears much low in comparison to the goods of other branded company like M/s. Swaroski - the goods imported by the appellant stand described in the invoice as ‘MCC cubic zirconia round white’. The same description stand reflected by the appellant in Bill of Entries - Held that: - the finding of the appellate authority that the goods in question are of ‘star’ quality rather than the MCC grade is not based upon the authentic literature or expert opinion etc. and seems to be his own views on the topic - the enhancement of the value by the Commissioner (Appeals) cannot be held to be justifiable, in the absence of any findings to the contrary. Rule 5 requires valuation at par with the value of similar goods actually imported at or about the same time. As such, the said Rule requires the value of the contemporaneous imports to be adopted. Admittedly, the Commissioner (Appeals) has not referred to any contemporaneous imports on record. Appeal allowed - order of original adjudicating authority restored - decided in favor of appellant.
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