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2024 (6) TMI 966

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..... Representative for the Appellant Mr. Amit Kumar , Advocate for the Respondent ORDER PER R. MURALIDHAR : The Appellant has imported "Slack Wax/Residue Wax" under 24 Bills of Entry. Value was enhanced based on the NIDB data. On appeal, the Commissioner (Appeals) has held that value cannot be enhanced on assumptions and presumptions when there is no evidence that the value cited by the Appel .....

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..... hat the Commissioner (Appeals) has correctly set aside the initial assessment of the Customs authorities. 4. Heard both sides and perused the documents. 5. We find that the Commissioner (Appeals) has gone through the factual details and has given the following findings:- "13. From the above, it is found that the assessing officer has rejected transaction values without any valid basis/reasons .....

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..... e reasons mentioned in the application, the early hearing is granted. With the consent of both sides, the appeals are taken up for disposal on merit.. 2. The present appeals have been filed by the appellants against the Orders-in-Original Nos. Kol/Cus/Commissoner/Port/53/2017 dated 29.12.2017, Kol/Cus/Commissoner/Port/80/2017 dated 29.12.2017, Kol/Cus/Commissoner/Port/78/2017 dated 29.12.2017, .....

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..... n the show-cause notice DOV Data Base, the Department has rejected the value without any substantial grounds. 6. On the other hand, the ld. D.R. for the Revenue has justified the impugned order. 7. After hearing both sides and on perusal of record, it appears that the quantities of the slack wax and residue wax is based on the oil contents itself. The oil contained 20% - 40%, which is helpfu .....

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..... y reason to sustain the impugned orders, which are hereby set aside. 10. In the result, all the appeals are allowed. 7. Accordingly, he has set aside the enhancement of values and reassessed all the bills of entry at declared values. 8. After going through the factual details discussed above, we do not find any reason to interfere with the detailed and considered order passed by the Commissi .....

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