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    <title>2005 (4) TMI 206 - CESTAT, KOLKATA</title>
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    <description>Declaring imported goods as unbranded in the bill of entry did not, on these facts, amount to misdeclaration where the brand and model markings were visible on examination and the model was disclosed; confiscation and penalty on that basis were therefore unsustainable. The declared transaction value also could not be rejected because the burden lay on Revenue to prove a statutory basis for discarding transaction value, and the contemporaneous import data relied on involved smaller, non-comparable quantities. In the absence of any shown relationship between buyer and seller or other exception to acceptance of invoice value, re-determination of assessable value was not justified.</description>
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      <description>Declaring imported goods as unbranded in the bill of entry did not, on these facts, amount to misdeclaration where the brand and model markings were visible on examination and the model was disclosed; confiscation and penalty on that basis were therefore unsustainable. The declared transaction value also could not be rejected because the burden lay on Revenue to prove a statutory basis for discarding transaction value, and the contemporaneous import data relied on involved smaller, non-comparable quantities. In the absence of any shown relationship between buyer and seller or other exception to acceptance of invoice value, re-determination of assessable value was not justified.</description>
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