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M/s. Prayas Woollens Pvt. Ltd. Versus Commissioner of Customs (Import) , Mumbai

2015 (12) TMI 1436 - CESTAT MUMBAI

Valuation of goods - enhancement in value of goods - Held that:- Though in the adjudication order the authority has relied upon the price of contemporaneous goods, but no any evidence in support of contemporaneous import was adduced. The goods imported by the appellant is rags which admittedly a residual product. The residual product cannot be of standard quality. As regards its characteristics, quality, size, shape, colour etc. it various from consignment to consignment. - Since no evidence was .....

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ew that there is no sufficient basis for revenue to enhance the value of imported goods - Decided in favour of assessee. - Appeal No. C/355/04 - Final Order No. A/2752/2015-WZB/CB - Dated:- 12-8-2015 - Shri P.S. Pruthi, Member (Technical) And Shri Ramesh Nair, Member (Judicial) For the Petitioner : Mr. A. K. Prabhakar, Advocate For the Respondent : Mr. D. K. Sinha, A. C. (AR) ORDER Per : Ramesh Nair The Appeal is directed against Order-in-Appeal No. 101/2004-MCH dated 01.04.2004 passed by the Co .....

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d at lower price than the prevailing international market price. The goods were provisionally released on execution of PD Bond/Bank Guarantee/Revenue deposit pending enquiries in the matter. The Additional Commissioner adjudicated the case and ordered to enhance the value as per the prevailing international market price. Aggrieved by the original order, the appellant filed the appeal before Commissioner (Appeals), Mumbai, who allowed the appeal of the appellant on the ground that the show cause .....

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r, Ld. Counsel for the appellant submits that both the lower authorities enhanced the value on the contemporaneous price obtained in relation of similar goods during November 1998 to November 1999, however no material was ever produced by the department in support of contemporaneous price of goods. He further submits that before applying the said contemporaneous price, the revenue has not verified the various aspects such as quality, country origin, colour, grade and various characteristics etc. .....

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