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2019 (3) TMI 712 - AT - CustomsProvisional release of the seized goods - Import of consignment of mixed article - rejection of transaction value - contemporaneous import prices of identical or similar goods being imported not followed - Held that:- The appellant has imported the consignment of mixed article and filed the Bill of Entry for the clearance thereof after payment of assessed duty. However, the same was reported to be undervalued as per the DRI and, accordingly, the same proposed to be rejected - the Adjudicating Authority has not followed the contemporaneous import prices of identical or similar goods being imported during the relevant time, following Section 14 of the Customs Act and the Valuation Rules and also by not adopting the sequential application thereof the market survey was conducted for the price of the goods under assessment without exhausting the various other alternatives. The transaction value is proposed to be rejected under Rule 12 of the Customs Valuation Rules, and therefore, the Adjudicating Authority has to follow the procedure as prescribed under various Rules starting from Rule 3, 4, 5 and only thereafter to resort to Rule 7 of the Customs Valuation Rules. This is incorrect and illegal. The market survey is, therefore, not sustainable - Further the market inquiry report regarding the price of imported goods has not been provided to the appellant and also there is no mention thereof in the order of the Adjudicating Authority and in the impugned order. In view of above, the order is patently illegal and arbitrary. The provisional release of the seized goods ordered on the execution of bond to the extent of value proposed by the Department but with bank guarantee to the extent of 25 % declared value of the consignment by the appellant - appeal allowed - decided in favor of appellant.
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