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2019 (8) TMI 432

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..... declared value. Simply because the value declared by the appellant is lower than the value found in the NIDB database, the value cannot be revised by the department. Such difference in value does not constitute in itself a reasonable doubt needed to reject the transaction value under Rule 12 - appeal allowed - decided in favor of appellant. - Customs Appeal No.42382 of 2014 - Final Order No. 40992/2019 - Dated:- 1-8-2019 - MR. P. VENKATA SUBBA RAO, MEMBER (TECHNICAL) And MR. P. DINESHA, MEMBER (JUDICIAL) Ms. K. Nancy, Advocate for the Appellant Ms. T. Usha Devi, DC (A.R) for the Respondent ORDER PER P. VENKATA SUBBA RAO This appeal is filed by the appellant against Order-in-Appeal No.87/2014 dt. 21.08.2014. 2. The appellants imported 100% .....

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..... nder the cover of the above said Bills of entry, it is noticed that the unit price declared by the importer for the above said goods, when compared with the prevalent NIDB data and with the unit price assessed for similar cargo through Tuticorin Port, seems to be low and cannot be taken as the transaction value under Rule 3 of the Customs Valuation Rules, 2007 for the purpose of assessment and liable for rejection under Rule 12 of the Customs Valuation Rules, 2007..... In the present case, I find that the declared unit price @ 2.30 USD / kg-FOB appears to be very low. Hence the unit price declared by the importer cannot be taken as the transaction value under Rule 3 of the Customs Valuation Rules, 2007 for the purpose of assessment and liab .....

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..... e taking a final decision under sub-rule (1) Explanation. - (1) For the removal of doubts, it is hereby declared that :- (i) This rule by itself does not provide a method for determination of value, it provides a mechanism and procedure for rejection of declared value in cases where there is reasonable doubt that the declared value does not represent the transaction value; where the declared value is rejected, the value shall be determined by proceeding sequentially in accordance with rules 4 to 9. (ii) The declared value shall be accepted where the proper officer is satisfied about the truth and accuracy of the declared value after the said enquiry in consultation with the importers. (iii) The proper officer shall have the powers to raise .....

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