2001 (11) TMI 409

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....pondent. [Order per : Justice K.K. Usha, President]. - Challenge in this appeal is against the order of Commissioner of Customs (Appeals) No. HKS(387) I.C.D./2001, dated 4-5-2001. In the above order the Commissioner (Appeals) confirmed the final assessment of the goods imported by the appellant and the appeal was, therefore, dismissed. 2. The appellant had imported knitted velvet fabric. ....

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....ken at the rate of US $ 2.40 per metre CIF in terms of Rule 8 of the Customs Valuation Rules, 1988 read with Rule 14(1) of the Customs Act, 1962. It is the above finding that was upheld by the Commissioner (Appeals). 3. One of the contentions raised by the appellant before us that reliance placed by the adjudicating authority on the prices shown in the Bills of Entry dated 3-10-2000, 22-10-2....

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.... made to the price of the goods imported during the relevant period. A reference to Clause 10(2) of the S.O. dated 4-2-2000 itself would show that such material should be available with the authority. We are of the view that the adjudicating authority was not correct in placing reliance on the prices shown in the Bills of Entry dated 3-10-2000, 22-10-2000 and 27-10-2000 for comparing with the pric....