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2016 (3) TMI 936 - CESTAT MUMBAI

2016 (3) TMI 936 - CESTAT MUMBAI - TMI - Sustainability of enhancement of value done under Rule 5 of the Customs Valuation Rules, 1988 - Import of medium density fiber boards - Transaction value under Rule 4 ibid rejected - Value enhanced on the basis of value noted for contemporaneous imports - Held that :- the learned counsel placed on record a bill of entry filed at Chennai where the same value was declared and was accepted by the Customs.Also, there are number of contemporaneous imports at h .....

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e names of the importers are also missing; the quantity is not mentioned and the size, grade and quality are also absent. The unit price which is the most important factor is missing and, therefore, the order of the adjudicating authority is completely weak and not reliable. Also, no evidence led by the Revenue to counter the values declared by the appellant. Therefore, by considering the various case laws, the value of per CBM declared by the appellant as USD 130/- should be accepted as the tra .....

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d 1.10.2004 wherein the Commissioner (Appeals) has upheld the order-in-original. 2. Briefly the facts of the present case are that the appellant imported two consignments of medium density fiber boards from M/s. Takeuchi MDF SDN BHD, Malaysia, vide bill of entry Nos. 436112 dated 13.2.2004 and 437175 dated 19.2.2004 wherein the declared value was USD 130/- per CBM. The Group assessed the bill of entry provisionally by enhancing the value to USD 160/- per CBM and the duty was collected on the dec .....

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bmits that the Commissioner (Appeals) has wrongly rejected the declared value as the transaction was at arms length and the supplier and the appellant were not related to each other. He also submits that the supplier in this case was a reputed manufacturer and the goods were shipped against an irrevocable Letter of Credit. He further submits that the price declared by the appellant represents the genuine transaction value as the price was negotiated in the normal course of international trend. H .....

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aried from USD 160/- to USD 220/- per CBM. He further submitted that it is well settled law that when a transaction value is found to be genuine, the value cannot be rejected just because some other parties imported similar goods at higher prices. In support of his submission, the learned counsel placed reliance on the following decisions:- (i) Ravi Dyeware Co. Ltd. vs. CC(I), Mumbai reported in 2014 (301) ELT 421 (Tri.-Mumbai); (ii) Impex Steel & Bearing Co. vs. CC, Delhi-IV reported in 201 .....

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On the other hand, the learned Additional Commissioner (AR) appearing for the Revenue, submits that the value has been enhanced on the basis of value noted for contemporaneous imports and accordingly he reiterates the findings given by the lower appellate and adjudicating authorities. He placed reliance on the decision of Hon ble Supreme Court in the case of Punjab Processors Pvt. Ltd. vs. CC reported in 2003 (157) ELT 625 (SC). 5. We have heard the learned counsel for both the parties and caref .....

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