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1987 (4) TMI 319

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..... rish Chander, Member (J)]. - Shri H.C. Rai Choudhury has filed an appeal being aggrieved from order in appeal No. S-49-31/84VL, dated 19-7-1984 passed by the Collector of Customs (Appeals), Bombay. 2.  Briefly the facts of the case are that the appellant had imported one Mazda 323 DX (Familia) 1983 model 1300 cc valued at Rs. 44616/- i.e. 'V. of car 41752' - + R/C 2864/-) ex. S.S. Lovceen .....

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..... tor of Customs (Appeals), Bombay. The learned Collector of Customs (Appeals), Bombay had confirmed the findings of the Assistant Collector on the ground that the manufacturer's invoice was not produced even at the appellage stage and had rejected the appeal. Being aggrieved from the aforesaid order the appellant has come in appeal before the Tribunal. 3.  Shri Ashok Roy Choudhury, son of the .....

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..... rpn. it is mentioned that a car was sold to the appellant against order No. BYFORD/MAZDA/131 and INVOICE NO. LJAE-83-0114 at a price of US $ 3638.00 CIF Bombay. Shri Ashok Choudhury states that there is no question of adopting the value on the basis of the price list for the period from October 1983 whereas the vehicle was imported in Sept. 1983 and as per invoice dated 24-1-1983 issued by M/s. By .....

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..... tioned that the car was sold to the appellant against order No. BYFORD/MAZDA/131 and Invoice No. UAE-83-0114 at a price of US $ 3638.00 CIF. It is surprising that the appellant, who is an individual and is not carrying on any business activity, the Customs Authorities are asking him to supply the price list etc. We hold that the lower authorities were not correct in adopting the value on the basis .....

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