2007 (6) TMI 436

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....pondent. [Order per : S.L. Peeran, Member (J)]. - This appeal arises from Order-in-Appeal No. 89/2005 dated 19-10-2005 by which the Commissioner (A) has confirmed Order-in-Original No. 37/2005 dated 30-9-2005 confirming demands for the allegation of undervaluation and mis-declaration of goods. 2. The brief facts are that the appellants filed Bill of Entry No. 105022, dated 29-7-2005 for h....

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....alty which is under challenge. 3. The learned Counsel submits that there is no evidence of contemporaneous import for revising the value. The Chartered Engineer cannot take the value of local market for the purpose of revising the value. Therefore, the revision of value is not as per law and the same is required to be set aside. He relied on the Apex Court ruling rendered in the case of Eich....

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.... the value on the basis of the value submitted by the Chartered Engineer. The Chartered Engineer has valued the goods in terms of the prevailing local market. There is no evidence of contemporaneous import of the said goods from the same country and therefore, this evidence of Chartered Engineer cannot be accepted as value of contemporaneous imports. The law is well laid down with regard to the as....