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2020 (2) TMI 640 - AT - CustomsValuation of imported goods - Brass Valve & Zinc Valves - rejection of declared value - redetermination of the value - period 2007-08 - invocation of Extended period under proviso to Section 28(1) (b) of the Customs Act, 1962 - demand of differential duty alongwith interest and penalty. HELD THAT:- The issue is squarely covered by the decision of tribunal in case of S.K. DHAWAN AND RAJEEV SETH, ESSFO IMPEX PVT. LTD. AND ESS DEE TRADING CO. VERSUS COMMISSIONER OF CUSTOMS (IMPORT) , MUMBAI [2016 (3) TMI 888 - CESTAT MUMBAI] where it was held that In the absence of any evidence it is not possible to accept the statement that the transaction value and the declared value were not actual transaction value. The distinction sought to be made by the learned Authorized Representative, do not address the crux of issue of rejection of transaction value. Without rejecting the transaction value, the application of any other rule, for re-determination of the value for the purpose of levy of Custom Duty is neither permissible nor admissible position in law as per the decision referred to by counsel for law. Appeal allowed - decided in favor of appellant.
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