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    Genuine derivative losses require proof beyond exchange records when transaction patterns and investigation material indicate manipulation.
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      The case involves a dispute over the valuation of imported goods...

      CESTAT ruled in favor of the appellant regarding valuation of imported Bovine Leather Upholster Sofa. Declared value upheld.

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      CustomsJune 20, 2024Case LawsAT
      The case involves a dispute over the valuation of imported goods declared as Bovine Leather Upholster Sofa. The Appellate Tribunal, u/s 14 of the Customs Act and Customs Valuation Rules, held that the transaction value should be accepted unless valid reasons exist for rejection. It criticized the enhancement of value by the Commissioner (Appeals) without notice, citing the principle that decisions should be based on pleadings. The Tribunal emphasized that the burden of proof lies with the Department to show the declared price is inaccurate. Relying on a departmental circular or market survey for valuation was deemed unlawful. Citing precedent, the Tribunal set aside the order and allowed the appeal.

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      ActsIncome Tax