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2015 (8) TMI 240 - SUPREME COURT

2015 (8) TMI 240 - SUPREME COURT - 2015 (319) E.L.T. 355 (SC) - Transaction value of goods imported fixation of price on contemporaneous import made by another firm Held that:- when the Department doubted the valuation of the goods, as declared in the Bill of Entry, or for that matter in the invoice which was produced from the trader by showing the evidence to the effect that the same goods were imported at the same time at a much higher rate it was open to the Department to fix the transact .....

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d, Ms. Sushma Manchanda and B. Krishna Prasad, Advocates, for the Appellant. Shri Ashwani Kumar, Advocate (NP), for the Respondent. ORDER The respondent herein is engaged in the business of import and during the course of business, on 2-7-2002 it entered into an agreement with one Galaxy Enterprises, Hong Kong, for import of plastic body, plastic lens camera at a unit price of US $ at 0.41. Pursuant to the said agreement Galaxy Enterprises dispatched the consignment of 750 cartons containing 30, .....

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on the basis of another import of the allegedly of the same goods effected by one M/s. SKP Trade Link. The respondent replied to the same. This show cause notice culminated adjudication order dated 13-1-2004 whereby the goods in question were confiscated by the Commissioner. He, however, gave the option to the respondent to get the goods released in terms of by giving bank guarantee of ₹ 10 lakhs and also for payment of differential duty amounting to ₹ 11,57,209/-. 3. The transa .....

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msp;A perusal of the judgment of the Tribunal would show that the Tribunal has discarded the evidence of the so-called contemporaneous transaction on the basis of one declared by M/s. SKP Trade Link, primarily on the ground that it did not pertain to the same goods and further as far as M/s. SKP Trade Link is concerned, it had imported 25,000 pieces whereas the respondent in the present case had imported much larger quantity, i.e., 90,000 pieces. 7. After the appeal was admitted notice was .....

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ince no steps had been taken by the respondent, seeking discharge of the matter, we directed the matter to be listed again today by showing the name of Mr. Dhatwalia in the cause list. His name duly appears in the cause list, despite he has chosen to remain absent. In these circumstances, we had no option but to hear the learned Senior Counsel for the appellant, Mr. Yashank Adhyaru. He has taken us through the records and has been able to successfully demonstrate that the Tribunal has erred on b .....

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