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M/s. KSE Ltd. Versus The Commissioner of Customs Cochin

Valuation - enhancement of value of the item Copra Expeller Cake where values of US$ 145 and US$ 142 per MT have been enhanced to US$ 158 per MT - Held that: - The Revenue has enhanced the value giving the reason that the goods having same description were being cleared through Tuticorin Port at US$ 158 per MT. We find that the subject goods have been imported at Cochin Port and the value cited for comparison by the Revenue is for the goods which were imported at Tuticorin Port. Further, Revenue .....

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rs appears to be more in the nature of an arbitrary act; and therefore, it is unsustainable. - Reliance placed on the decision of the case of Eicher Tractors Ltd. vs. CC, Mumbai [2000 (11)139 - SUPREME COURT OF INDIA]. - C/147 & 148/2007-DB - Final Order No. 20971-20972/2016 - Dated:- 7-10-2016 - SHRI S.S. GARG, JUDICIAL MEMBER AND SHRI ASHOK K. ARYA, TECHNICAL MEMBER For the Appellant : Mr. Sandeep Gopalakrishnan, Advocate For the Respondent : Mr. Mohammed Yousuf, AR JUDGEMENT Per : Ashok K .....

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sed on his appeal memorandum and argument notes, submits as follows: (i) The appellant is a company primarily engaged in the manufacture of cattle feed, where raw material is Copra Expeller Cake (in short CEC). The appellant imports the said raw material from Indonesia, Malaysia and Sri Lanka in bulk loads. (ii) The transaction value declared by the appellant cannot be rejected on a single contemporaneous import at the Tuticorin Port. (iii) The Customs has no case that the price declared by the .....

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cuted between the appellant ndt he importer. b. Invoices evidencing the transaction value as USD 142 & 145/MT. c. Letter of credit opened by the appellant in favour of the foreign supplier. d. Extracts of the relevant portions from the export details published by Central Bank of Philippines in its website for the months of January, February and March 2004. e. A certificate issued by the Indonesian Chamber of Commerce and Industry confirming that the price of CEC during January 2004 was fluct .....

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