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M/s. Jabs International P. Ltd. Versus Commissioner of Customs (Import) , Mumbai

Import of Star Aniseeds - Mis-declaration of declared value - Enhancement of value on the basis of Spices Market Weekly - Held that:- a value declared by an importer who had imported the consignment four months, after the consignment cleared, is not in consonance of the provisions of the Customs Act, as on the day of import there seems to be no contemporaneous imports and the value declared by the appellant was accepted. We are not in the position to come to a conclusion whether the imports made .....

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bsence of any such evidence, rejection of transaction value as declared is incorrect and such order is unsustainable. The ratio of the decision of Hon'ble High Court in the case of Basant Industries [1995 (1) TMI 89 - SUPREME COURT OF INDIA] and the decision of Tribunal in the case of Kanhaiyalal & Co. [2003 (8) TMI 423 - CESTAT, MUMBAI], would directly apply to the present case. - Decided in favour of appellant - Appeal No. C/933/04-Mum - Final Order No. A/87456/2016-WZB/CB - Dated:- 12-4-2016 .....

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nhanced to US $ 7490 /MT by the adjudicating authority, on an appeal filed before the first appellate authority, after following due process of law, the first appellate authority rejected the appeal based upon the finding that declared value is ridiculously low. 3. Ld. Counsel would submit that the appellant had imported the consignments of Star Aniseed in the month of January 2001 and country of origin was Vietnam and declared the price as per the transaction entered with the supplier. He would .....

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1) E.L.T. 195 (S.C) for the proposition that comparison of invoices is not conclusive for determination of question of under valuation. It is his submission that the Tribunal in the case of Radhey Shyam Ratanlal - 2005 (190) E.L.T. 244 has laid down that declared value has to be accepted, if it is transaction value unless the same is rejected and found incorrect, then only Valuation Rules are applicable and contemporaneous imports of different time quality and quantity cannot be used for enhance .....

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s ridiculously low, the same was rejected and contemporary imports value was used for demanding deferential duty. He would submit that the Apex Court in the case of Shibani Engineering Systems 1996 (86) E.L.T. 453 (S.C.) has held that assessing officer can rejected the transaction value of the goods, if it is ridiculously low and totally unrealistic. 5. We have considered the submissions made by both the sides and perused the records. 6. The issue to be decided in this case is regarding whether .....

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