2006 (11) TMI 500

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....pellant. Shri P.M. Dave, Advocate, for the Respondent. [Order per : M. Veeraiyan, Member (T)]. - These appeals arise out of order No. 3/2002 (l-Kdl)Cus/Comr(A) Ahd. dated 2-1-2002 and order No. 4/2002 (2-Kdl)Cus/Comr(A) Ahd. dated 2-1-2002 both passed by Commissioner (Appeals), Ahmedabad by which two orders of Dy. Commissioner both dated 14-8-2001 were set aside. The product imported, the....

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.... and held follows :           "transaction value could not be rejected unless there are special circumstances as mentioned in Rule 4(2) of the Customs Valuation Rules, 1988. Moreover, the reasoning that value of the said goods is unrealistic, while keeping in view the cost of raw material and value of the identical goods of 'A' Grade, is a faulty one....

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....t higher price as compared to subject goods." 4. The ld. SDR submits that the value declared by the appellant is even lower than the cost of production and, therefore, the order of the original authority in enhancing the value should be restored. 5. The ld. Advocate for the respondent submitted that there is no ground for ignoring the transaction value and adopt cost construction m....