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    <title>2018 (10) TMI 1574 - CESTAT NEW DELHI</title>
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    <description>Declared country-of-origin particulars were treated as a clerical error where the goods were old and used and correction was sought under Section 149 of the Customs Act, 1962. In the absence of evidence that any relationship between the parties influenced the price, rejection of the transaction value under Rule 12 and re-determination under Rule 9 of the Customs Valuation Rules, 2007 were not sustainable. Once the misdeclaration and undervaluation allegations failed, the basis for confiscation also fell away, and the redemption fine and penalties could not be maintained. The appeals were allowed and the impugned order was set aside.</description>
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      <link>https://www.taxtmi.com/caselaws?id=369608</link>
      <description>Declared country-of-origin particulars were treated as a clerical error where the goods were old and used and correction was sought under Section 149 of the Customs Act, 1962. In the absence of evidence that any relationship between the parties influenced the price, rejection of the transaction value under Rule 12 and re-determination under Rule 9 of the Customs Valuation Rules, 2007 were not sustainable. Once the misdeclaration and undervaluation allegations failed, the basis for confiscation also fell away, and the redemption fine and penalties could not be maintained. The appeals were allowed and the impugned order was set aside.</description>
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      <pubDate>Fri, 26 Oct 2018 00:00:00 +0530</pubDate>
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