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2009 (8) TMI 444 - AT - CustomsValuation- Comparable Import-there was a search conducted to the residential premises of the Appellant, revenue had made the allegation that the impugned consignment are undervalued. The department valued the consignment at 1.15 US $ while for the similar goods, the valuation adopted was 2.15 US $. Such method of valuation is not based on any basis or any cogent evidence. Held that the claim of importer allowed as they could not be treated unequally before law. Evidence-Statement-Retracted before Magistrate – No reliance can be put on it especially if there is no collateral evidence to show that retraction was mala fide or ill motivated or deponent was gained over by unjust enrichment or motive-such retraction shifts burden of proof and what was stated before retraction needs to be supported/corroborated by cogent evidence. that the appellant was neither been issued a show cause notice nor been charged with any offence. Held that- as the show cause notice not issued on this ground the appellant succeed.
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