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2019 (8) TMI 433

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..... ce etc. of the contemporaneous imports. Thus, the order-in-original was without any evidence. Appeal dismissed - decided against Revenue. - Customs Appeal No. 11787 of 2016 - A/11519/2019 - Dated:- 8-8-2019 - MR. RAMESH NAIR, MEMBER (JUDICIAL) And MR. RAJU, MEMBER (TECHNICAL) Shri Sameer Chitkara, Additional Commissioner Advocate for the Appellant Shri Sanket Gupta, Advocate for the Respondent ORDER RAJU : This appeal has been filed by Revenue against the order of the Commissioner of Customs, Mundra. 2. Ld. Counsel for the respondent pointed out that they had imported Polyester Knitted Fabrics (mixed lot) declaring the value as ₹ 121/- per Kg. The said value was rejected on the strength of contemporary imports of the said goods which .....

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..... Deputy Commissioner no material regarding such import has been placed before us or made available by the appellant at any point of time. Therefore, assessment in this case has to be taken as having been made purely on the basis of LME Bulletin without any corroborative evidence of imports at or near that price which is not permissible under law. We, therefore, set aside the impugned order and allow the appeal. (emphasis supplied). Dismissing the appeals, this Court observed as follows: (Prabhu Dayal Prem Chand case, SCC p. 537, para 8) 8. ... It is manifest from the afore-extracted order of the Tribunal that no details of any contemporaneous imports or any other material indicating the price notified by LME had either been referred to by th .....

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..... n value. We find that adjudicating authority correctly determined the value under Rule 4(3) of CVR, 2007 and taken the lowest contemporaneous price of US $ 1.05 per mtr. instead of US $ 2.36/mtr. of contemporaneous import was available. Therefore, respectfully following the ratio of above two decisions, we find that rejection of declared price and enhancement of value from US $ 0.70 to US $ 1.05 per mtr. determined by the adjudicating authority is fully justified and liable to be upheld. Consequently, the confiscation of the seized goods under Section 111(m) and demand of differential duty of ₹ 69,61,352/- on the re-determined value under Section 28 of Customs Act is upheld. He argued that the said decision has been affirmed by the Ho .....

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..... s confronted with almost same kind of fact situation. On the basis of the information received subsequently from the London Metal Exchange (for short LME ) to the effect that the price of the two metals viz, brass scrap and copper scrap, in LME as on the date of import was more than the price declared by the respondent, demanded additional duty amounting to ₹ 90,248/- and ₹ 1,94,035/- respectively, from the assessee on the said two bills of entry. This order was set aside by the Tribunal and appeals there against by the Customs were dismissed by this Court. The Court noted, while accepting the plea of the assessee, that they were not confronted with any contemporaneous material relied upon by the Revenue for enhancing the price .....

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