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2017 (12) TMI 340

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..... BAD] held that “as provided by Section 14 of Customs Act, 1962 the assessable value has to be arrived at on the basis of the price which is actually paid and in a case the price is not sole consideration or if the buyers and sellers are related persons then after establishing that the price is not sole consideration the transaction value can be rejected and taking the other evidences into consider .....

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..... 6-16-17 dated 28.02.2017 passed by Commissioner (Appeals), Customs, Central Excise Appeal-II, Noida. 2. Brief facts of the case are that the respondent imported 10664 pieces of Mini Booster Pump 50GPD of Chinese origin and filed Bill of entry No 7220244 dated 25.10.2016 and declared assessable value of the same as ₹ 18,22,742.48/- and duty declared in the said Bill of entry was ₹ 4, .....

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..... osed the said appeals through impugned Order-in-Appeal dated 28.02.2017. The learned Commissioner (Appeals) has stated that the respondent submitted that the Assessing Authority without giving reason chose to load the assessable value and relied on this Tribunal s decision vide Final Order No.70132-70137/2017-CU[DB] dated 17.01.2017 in the case of M/s Sanjivani Non Ferrous Trading Limited wherein .....

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..... has reiterated the grounds of appeal stating that the Assessing Officer has correctly rejected the value declared in the Bill of entries for the goods having description Mini Booster Pump 50 GPD. 4. Learned counsel for the respondent has stated that this Tribunal has held in the above stated case of M/s Sanjivani Non Ferrous Trading Limited relied upon by learned Commissioner (Appeals) for his .....

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