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Appellants challenged enhancement of values of imported 'Induction Cookers' by respondent without following best assessment method or providing admissible evidence. CESTAT held there was no justification to compare goods imported by different importers as specifications and features vary. No admissible evidence was provided to reject transaction value declared by appellants. Respondent discarded declared value without basis. Paying duty under compulsion cannot be considered acceptance of loaded value. In absence of justifiable reason, enhancement of declared value is untenable. Appeal allowed.
Appellants challenged enhancement of values of imported 'Induction Cookers' by respondent without following best assessment method or providing admissible evidence. CESTAT held there was no justification to compare goods imported by different importers as specifications and features vary. No admissible evidence was provided to reject transaction value declared by appellants. Respondent discarded declared value without basis. Paying duty under compulsion cannot be considered acceptance of loaded value. In absence of justifiable reason, enhancement of declared value is untenable. Appeal allowed.
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