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M/s. Diamond Mink Blankets Limited Versus Commissioner of Central Excise & ST, Chandigarh

2017 (9) TMI 1211 - CESTAT CHANDIGARH

Valuation of imported goods - polyester spun yarn - enhancement in value based on Directorate of Valuation data (DoV data) - Held that: - It is well settled law that transaction value has to be accepted as the assessable value for the purpose of duty, unless the same is proved to be incorrect by production of any evidence. The said legal issue is settled by various decisions of the Tribunal in the case of Venture Impex Pvt. Limited vs. CC (Import & General), New Delhi [2016 (4) TMI 368 - CESTAT .....

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ne only on the basis of DoV data, by observing that similar goods stand imported at the higher value. No further details are available as to how the present consignment is similar to the earlier imports - The Revenue has neither alleged nor produced any evidence on record to indicate that the value agreed upon between the buyer and the seller or as reflected in the invoices is not a correct value, thus justifying the enhancement. - Appeal allowed - decided in favor of appellant. - C/56745/20 .....

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un yarn at the declared value of USD 1.01 per Kg. The said bill of entry was assessed by the officers and enhanced the value to USD 1.40 Per Kg., based upon the Directorate of Valuation data. 2. Being aggrieved with the same, the appellant filed appeal before Commissioner (Appeals) on the ground that the imports in question was part of a larger contract entered between the appellant and their Chinese supplier, being contract No.CX11GMA202 dated 01.01.2011. They had earlier also imported a part o .....

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at the order was for a high quantity of yarn and also included second grade yarn with various defects and such goods were stock lot goods and its value cannot be enhanced based upon the import price of any other good quality goods. 3. Commissioner (Appeals) did not find favour with the above contention of the appellant and rejected the appeal. Hence, the present appeal. 4. After hearing both the sides and after going through the impugned order, we find that the only basis for the lower authoriti .....

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served as under:- 8. As regards valuation, we find from the above reproduced para from the Commissioner (Appeals) order that the Revenue has solely relied upon the NIDB data for the purpose of enhancement of value of the imported goods. Tribunal in the case of CC, New Delhi v. Virasat Electronics reported in 2015 (317) E.L.T. 295 (Tri.-Del.) as also in the case of CC, New Delhi v. Marble Art reported in 2013 (289) E.L.T. 346 (Tri.-Del.) has held that for adopting any other method for enhancement .....

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tion value. There is virtually no evidence on record to indicate that the value agreed upon between the importer and the exporter is not correct or any consideration of the goods has flown back to the exporter from the appellant. If that be so, we agree with the learned Advocate that the transaction value would reflect the correct assessable value of the imported items. Otherwise also, we find that the reliance by the lower Authorities on the NIDB data is not correct. Apart from above two referr .....

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