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2017 (8) TMI 1262 - CESTAT CHENNAIValuation - enhancement of value - assessable value based on contemporaneous imports - Held that: - The adjudicating authority has discussed in detail that there was reasonable ground for doubting the transaction value, since the country of origin was not clear from the goods and the documents furnished. Out of the 25 items imported, for 14 items the value has been enhanced on the basis of the value of contemporaneous import furnished by the appellant. But the Department has adopted the highest of such contemporaneous import. This according to the appellant is against the provisions laid in sub Rule (3) of Rule (4) of Customs Valuation Rules, 2007 - sub Rule (3) provides that in applying this Rule, if more than one transaction value of identical goods is found, the lowest of such value shall be used to determine the value of imported goods. This being the law, the enhancement of the value on the basis of the highest of the contemporaneous import is unjustified. The value enhanced on the basis of the highest contemporaneous import for the 14 items cannot sustain and the same is set aside. However, the same requires to be enhanced on the basis of the lowest value of such contemporaneous import - For such re-computation / re-determination of the value of 14 items on the basis of the lowest value of the compared values, the matter requires to be remanded. In regard to 11 items, the department has enhanced the value on the basis of NIDB data - Held that: - the NIDB data cannot be made the basis for enhancement of value - enhancement of value to be set aside. Appeal allowed - decided partly in favor of appellant.
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