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2023 (11) TMI 1037 - CESTAT HYDERABADValuation - Rejection of Transaction value - Demand of differential Customs Duty - finalisation of assessment of shipping bill - whether the price adopted for finalisation at the rate of US$101.43 PDMT, instead of the contract value of the export goods is justified? HELD THAT:- The transaction value have been rejected mainly on the basis of some confusion arising from the BRC, which referred to 4 shipping bills for the total quantity of 30,000 WMT. Accordingly, there was difference noted by the Customs Officer with regard to the quantity exported. According to the said invoice No. 355/2009–10 dated 14.01.2010, total quantity exported was only 25,924 WMT. It is found that there is no basis except assumption and presumption for drawing adverse inference on this account - further there is no evidence that the Appellant have received anything extra, higher than the invoice amount, which is supported by the BRC - the reasons given for rejecting the transition value, is against the provisions of Section 14 of the Customs Act read with Rule 8 of the Valuation rules. So far rejection of transaction value is concerned, it is held that for the excess lumps the same were to be charged at 10% ad-valorem, and not 15% ad-valorem. The Court below is directed to re-calculate the duty payable in terms of this Order - Appeal allowed.
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