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2016 (1) TMI 326 - SUPREME COURT

2016 (1) TMI 326 - SUPREME COURT - 2015 (324) E.L.T. 699 (SC) - Under-valuation of goods - comparable / identical goods - appellant argued that the products mentioned in Charts A and B could not be the basis for determining the valuation of goods mentioned in Chart D. He relied upon the reasoning of the Commissioner in this behalf and submitted that the order of the Commissioner should not have been opposed by the CESTAT.

We do not agree with the aforesaid submission for more than one .....

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arts A and B.

Consequently, for this purpose, the matter is remitted back to the Commissioner. - Decided against the assessee. - Civil Appeal No. 4163 of 2006 - Dated:- 2-9-2015 - A.K. Sikri and Rohinton Fali Nariman, JJ. Shri Alok Yadav, Somnath Shukla, Udit Jain and Praveen Kumar, Advocates, for the Appellant. Shri K. Radhakrishnan, Sr. Advocate, Ms. Swarupama Chaturvedi, Ms. Shirin Khajuria, Sanjiv Pal and B.K. Prasad, Advocates, for the Respondent. ORDER The appellant-assessee her .....

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d, therefore, as per the Revenue, it was the case of undervaluation which resulted in the lesser payment of customs duty. 2. Show cause notice was issued to the appellant pertaining to various goods in respect of which four charts, viz., Charts A, B, C and D, were prepared and in these charts the details of the goods imported from time to time were given. The assessee replied to this show cause notice. Ultimately, the Commissioner passed the order confirming the demand in respect of Charts .....

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(Tri. - Mum)]. The Revenue also filed appeal against the order of the Commissioner insofar as it related to dropping of the demand pertaining to Chart D. In that appeal, the CESTAT has remitted the case to the Commissioner for fresh adjudication on certain grounds, as would be noted hereinafter. 3. The assessee, in these circumstances, filed appeal against the order of the CESTAT. However, this Court admitted the appeal only in respect of goods described in Chart D. Therefore, we are concer .....

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uld amount to giving credence to assumptions and presumptions and acting merely on the basis of suspicion which certainly cannot be a substitute for proof. The Investigating agency had more than ample time (they had even sought extention of time for issue of show cause notice) for collecting details of the contemporaneous imports of similar and/or identical goods from the same or major ports or having the matter investigated into with the help of the investigating agency in the exporting country .....

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AT dealt with the aforesaid order of the Commissioner and the arguments of the Revenue against the aforesaid approach of the Commissioner. The Revenue had argued that comparable price could be taken from Charts A and B inasmuch as majority of the goods listed in Chart D were identical to the goods prescribed in Charts A and B. The CESTAT in these circumstances observed that if that is correct, then the Commissioner will have to re-examine the issue and decide the same afresh in the light of the .....

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nnels stood recorded. As such, he has held that the demand in Chart D cannot be confirmed by adopting the basis as disclosed in Charts A , B , inasmuch as the same would amount to giving credence to assumptions and presumptions as against the above. Revenue in their memo of appeal has strongly contended that the majority of the goods listed in Chart D are identical to goods described in Charts A , B . As such the Commissioner should have applied the same value for the purposes of identical goods .....

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