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2019 (10) TMI 422 - CESTAT ALLAHABADValuation of imported goods - Old & Used Offset Printing Sheet-Fed Machines - enhancement of declared value - enhancement only based upon the suggestions made by the Chartered Engineer - HELD THAT:- It is well settled law that before taking up the matter for enhancing the value of the imported goods in terms of Valuation Rules, Revenue is under an onus to establish that the transaction value agreed upon between the importer and the supplier of the goods was not reflecting the agreed transaction value. Revenue is required to produce evidence to show that the agreed upon price was not the sole criteria for supply of the goods and there was some under-hand transactions. In the absence of the same, the enhancement proceeding cannot be initiated against the importer. The Hon’ble Supreme Court in case of M/S SANJIVANI NON FERROUS TRADING PVT. LTD. VERSUS COMMISSIONER OF CENTRAL EXCISE & SERVICE TAX, NOIDA [2017 (3) TMI 359 - CESTAT ALLAHABAD] has held that assessment in terms of Section 14 of the Customs Act, 1962 has to be done on the basis of price which is actually paid. In the absence of any exercise done by the Revenue to show that the transaction price was not the price actually paid to the supplier of the goods, the enhancement cannot be done. Appeal allowed - decided in favor of assessee.
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