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Timezone Entertainment Pvt Ltd Versus Commissioner of Customs (Import) Nhava Sheva

Valuation - Rejection of transaction value on the ground that there is a discount which has been offered to the appellant which is not in conformity with the trade practice - Held that: - the lower authorities have not given any contemporary price and also do not put any evidence to show that these discounts were special discount - the ratio of the decision of the apex Court in the case of Eicher Tractors Ltd vs. Commissioner Customs, Mumbai [2000 (11)139 - SUPREME COURT OF INDIA] squarely cover .....

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h, Assistant Commissioner (AR) for the respondent Per: M V Ravindran This appeal is filed by the appellant against Order-in-Appeal No: 101 (Gr.IID)/2006 (JNCH) 28/07/2006 passed by the Commissioner of Customs (Appeals), Mumbai - II. 2. None appeared on behalf of the appellant despite notice. Since the appeal is of 2006 we take up the same for disposal in the absence of any representation on behalf of the respondent. 3. Heard the Learned Authorised Representative and perused the records. 4. On pe .....

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rieved by such an order, an appeal was preferred before the first appellate authority. The first appellate authority, after following due process of law, did not agree with the contentions raised before him and rejected the appeal. 5. It is the case of the appellant in the grounds of appeal that the discount which has been offered by the supplier is being extended to others. It is also the submission that they had submitted a certificate from the supplier to the lower authorities as to the disco .....

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by the Learned AR and perusal of the records we find that the first appellate authority rejected the appeal filed by the appellant on the ground that the transaction value needs to be rejected as there is a discount which has been offered to the appellant which is not in conformity with the trade practice. We have to record that the transaction value as declared by any importer is subject to scrutiny of the assessing officer and can be rejected, but the officer has to follow the provisions of C .....

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