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    <title>2005 (1) TMI 455 - CESTAT, NEW DELHI</title>
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    <description>Rule 7 of the Customs Valuation Rules was found inapplicable where the department itself treated the buyers as related persons, because that rule governs sales to unrelated persons. The Tribunal also accepted that the FOB value of the exported goods and the DTA sale price appeared broadly comparable, and that the Board&#039;s circular supported acceptance of invoice value in such circumstances. As the Revenue did not rebut the comparative pricing and FOB-based submissions, the applicants established a strong prima facie case. Recovery of the entire duty and penalties was stayed during pendency of the appeals.</description>
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      <link>https://www.taxtmi.com/caselaws?id=114934</link>
      <description>Rule 7 of the Customs Valuation Rules was found inapplicable where the department itself treated the buyers as related persons, because that rule governs sales to unrelated persons. The Tribunal also accepted that the FOB value of the exported goods and the DTA sale price appeared broadly comparable, and that the Board&#039;s circular supported acceptance of invoice value in such circumstances. As the Revenue did not rebut the comparative pricing and FOB-based submissions, the applicants established a strong prima facie case. Recovery of the entire duty and penalties was stayed during pendency of the appeals.</description>
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      <pubDate>Mon, 10 Jan 2005 00:00:00 +0530</pubDate>
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