TMI Blog2023 (12) TMI 1178X X X X Extracts X X X X X X X X Extracts X X X X ..... contemporaneous imports as well as NIDP data not considered - HELD THAT:- First of all, the Appellant has not been put to notice as to why the transaction value cited by him is not acceptable to the Department. After this, Rule 4 to Rule 12 of CVR, 2007 have to be followed sequentially to arrive at the value of the imported consignment. In this case, this procedure also was not followed. The NID ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... SI No. Variety Rate in USD per gross 1. PP-21 .124 2. PP28 .206 3. PP32 .246 The Appellant was issued Show Cause Notice as to why the value ad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Appellant submits that proper procedure was not followed in enhancing the value. He submits that the Department did not go into the contemporaneous imports done at that particular point of time nor did they consider the NIDP data to enhance the value. They have adopted a different method by sending two of their officials to gather market information about the goods being traded in India. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4. Heard both sides and perused the documents. 5. It is seen from the documentary evidence produced by the Appellant that during the period in question, there were several imports of identical goods from China as can be seen from Page 8 of the reply to Show Cause Notice filed by the Appellant. Inspite of having such data, still the Department has sent their officials to conduct the Market Sur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by the Appellant for such identical/similar goods shows that the price adopted by the Appellant is actually more than the price at which the other importer has imported the goods. 7. In view of the detailed factual matrix discussed above, we do not find that the value arrived at by the Revenue is a realistic and legally sustainable value. Therefore, we set aside the impugned Order and allow t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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