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2016 (8) TMI 829 - CESTAT NEW DELHI

2016 (8) TMI 829 - CESTAT NEW DELHI - TMI - Correctness of enhancement of value of imported goods import of polyester knitted fabrics - no evidence or allegation regarding the bonafideness of the import transaction or the invoices submitted by the respondent Held that: - it has been repeatedly held by this Tribunal as well as Hon'ble High Courts that the transaction value cannot be rejected mechanically based on suspicion or general alert without supporting evidence to the effect that the in .....

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chandran, Member (Technical) Shri K. Poddar, Authorized Representative (DR) - for the appellant. Shri Prem Ranjan, Advocate - for the Respondent. ORDER These two appeals by Revenue are against common order dated 30/10/2015 of Commissioner of Customs (Appeals), New Delhi. The brief facts of the case are that the respondents are regular importers of polyester knitted fabrics. During the impugned period they have declared a value of U.S. $ 2.2 to U.S.$ 2.89 per kg. as per the invoice. The Departmen .....

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he impugned goods were enhanced based on an alert issued by DRI in 2011. In the present case at the time of clearance of goods the respondents did not protest the enhancement of value and took the delivery on payment of duty. It was further contended that the importer failed to establish the correctness of their value claimed and hence based on the reference value given in the DRI alert the re-assessment was made. 3. We have heard both the sides and perused the appeal records. The only point for .....

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t of value. The Revenue pleads that once the importer accepts the enhancement of value, there is no question of continuing the dispute further by appeal. We are unable to accept such proposition. In the present case initially the assessments were made on provisional basis, though with enhanced value. After the directions were issued by the Hon'ble High Court for finalization of bill of entry the assessments were complete with the same enhanced value. The acceptance of the importer of the enh .....

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