2016 (12) TMI 1500

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..... declared the price ranging from US $0.28 to $0.52 per MT; the goods were examined and samples from respective consignments were sent for testing by Sasmira. Based upon the test results, the lower authorities felt that there was excess quantity and also there was a misdeclaration of the value as similar goods were imported by VIP Industries at a higher rate. Show-cause notice was issued to the respondent for enhancement of the value. Respondent contested the value proposed in the show-cause notice on the ground that the goods which were imported by VIP Industries are different and VIP Industries are consuming the same and the quantity imported by them are far less than the quantity imported by the appellant. The adjudicating authority after .....

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..... enquiry does not indicate the quality of the product and the description of the product is mentioned as PVC coated cloth. He would draw our attention to the Order-in-Original and make submission that the goods which are imported by VIP Industries are different and the quantity imported is also less than the quantity imported by respondent. 5. On careful consideration of the submission made by both sides, we find that the issue involved in this case is regarding the valuation of the goods imported by the respondent. 6. The adjudicating authority in the impugned order has made a observation, quite correctly that the declared price can be rejected if the officers are satisfied the condition laid down in Rule 4(2) of the Customs Valuation Ru .....

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..... cal or similar goods could not be found. Hence, under Rule 7 of the Customs Valuation Rules, 1988, it is proposed in the Annexure VII to SCN to load the value. I find that there is marginal difference between the declared price and the value proposed to be loaded, that the transportation, handling, charges and margin of profit are not based on any standard formula and a slight difference in these charges would substantiate the declared price. Unless there is substantial difference between the declared price and the value determined after market enquiry loading must be avoided and the transaction value can be accepted. I also find that in case of B/E 986/31.01.03 and B/E 997/31.01.03, the market verification was conducted after stipulated pe .....

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