2001 (9) TMI 777

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....dent. [Order per : S.L. Peeran Member (J) (Oral)]. -  This Revenue appeal against the OIA No. C. Cus. 737/97, dated 29-7-97 by which the Commissioner (Appeals) has accepted the value declared by the importer with regard to Arc Welding Set at US $ 185 as against the enhanced value of US $ 2700. The Commissioner has noted that the enhancement has been done on the basis of import of anothe....

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....d at A $ 185. He submitted that the machine was a gift from his brother in Australia and had been sent for his personal use. However, by that time, the goods had already been assessed at Rs. 45,000/- and handed over to the couriers. The appellant produced copy of a cash memo, receipt dated 26-3-97 in support of the evidence that the welding set was purchased for A $ 180. He also referred to dec....

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....or the machine in question. I accept this price and direct that the machine be valued at the declared price. 3. Ld. SDR submits that the machine was imported during the contemporaneous period and the department has rightly enhanced the value for re-assessment. Therefore, OIO is required to be upheld by setting aside the impugned order. 4. None appeared for respondents despite notic....