TMI Blog2016 (12) TMI 196X X X X Extracts X X X X X X X X Extracts X X X X ..... in the contemporaneous import but the appellant declared the value at USD13. When there is a data available very near to the present import and that too after the present import, the value of the contemporaneous import has to be accepted. Revenue relies on the decision of the Hon’ble Supreme Court in the case of Rajkumar Knitting Mills (P) Ltd. Vs. Collector of Customs, Bombay [1998 (1) TMI 76 - S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tentions of Revenue, but in absence of comparable value, it is difficult to accept such contention. Learned AR supports the adjudication and opposes the order of learned Commissioner (Appeals). We fully agree with learned AR that learned Commissioner (Appeals) has gone only for the comparison of the contemporaneous evidence without looking to the valuation rule as is agitated by learned AR. But to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r to the present import and that too after the present import, the value of the contemporaneous import has to be accepted. Revenue relies on the decision of the Hon ble Supreme Court in the case of Rajkumar Knitting Mills (P) Ltd. Vs. Collector of Customs, Bombay - 1998 (98) ELT 292 (SC). 2. Respondent on the other hands supports the appellate order. 3. Heard both sides and perused the rec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... enue, but in absence of comparable value, it is difficult to accept such contention. Learned AR supports the adjudication and opposes the order of learned Commissioner (Appeals). We fully agree with learned AR that learned Commissioner (Appeals) has gone only for the comparison of the contemporaneous evidence without looking to the valuation rule as is agitated by learned AR. But to come to rescue ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
