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2018 (2) TMI 31 - AT - CustomsValuation - mis-declaration of value - enhancement of invoice price - penalty - Held that: - Indenting agents have no knowledge of the trade transaction; their role is merely to bring buyer and seller together in the highseas sale for a commission. In the instant case, evidence was collected by the department that some amount over and above the invoice value was paid. Payment was made through account payee cheque. The statement given by Shri Niraj Sharma is also doubtful. The show-cause notice is based merely on suspicion without having actual fact. It may be mentioned that scrap is always cheaper than the prime metal. Sale price on highseas could also be cheaper than the sale by the exporter. The charge of under-invoicing has to be supported by the evidence of prices of contemporaneous imports of similar/identical goods - determination of such price has to be in accordance with the relevant rules and subject to the provision of Section 14(1). It is made clear that these provisions are not mutually exclusive. Therefore Rule 4 must be the price paid or payable on such goods at the time and place of importation in the course of international trade. Section 14 (1) speaks of deemed value. Appeal allowed.
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