1999 (3) TMI 166

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....JDR, for the Respondent. [Order per : C.N.B. Nair, Member (T)]. -  The appellants imported a Paramix Plant CMX 11/T 35-3 and spare parts. The invoice presented to the custom dated 13-12-1996 give a consolidated value of 2,81,310 DM. This invoice also referred to a proforma invoice dated 7-10-1996. The appellants seek the adoption of value given in the invoice dated 13-12-1996 as the bas....

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....ary to facts and rules. He points out that the proforma invoice relied upon by the Revenue was more than a year before the import of the goods and is not a relevant document for the import. This was presumably prepared during negotiations. As the import in question is covered by a final invoice and a proforma invoice, the proforma invoice of an earlier period should be ignored and assessment made ....