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2008 (1) TMI 84

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..... ign demand draft – Supplier has also confirmed that price shown in invoice(which was presented by importer) was correct – Allegation of undervaluation on basis of said invoice(which is not at the time of import) is not justified - C/347/2002 - A/39/2008-WZB/CI/(CSTB) - Dated:- 9-1-2008 - Ms. Jyoti Balasundaram (Vice President) and Mr. A.K. Srivastava, Member (Technical) [ Order per: Jyoti B .....

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..... ere is no evidence of remittance of any amount over and above that covered by the foreign demand draft for UK£ 4243 issued by Syndicate Bank, Fort branch, Mumbai, in favour of Centaur Bloodstock Agency, U.K., the supplier of the mare. The partner of the supplier has also confirmed that the price of UK £ 4243 shown in the invoice of 31.1.1994 was correct. The Revenue relies upon British Customs' .....

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..... not shown that the invoices in respect of the other imported mares were issued by the supplier of the mares under import in the present case and, therefore, this cannot be a pointer to undervaluation of the mare "final bluff". In these circumstances, we hold that the allegation of undervaluation has been rightly rejected by the adjudicating authority and accordingly uphold the impugned order and .....

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