2008 (10) TMI 468

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....K.A.K. Mohiddin, JDR, for the Respondent. [Order per : P.G. Chacko, Member (J)]. -  After examining the records and hearing both sides, we find that, in the impugned order, the ld. Commissioner rejected the declared value of the goods; enhanced its value on the basis of a proforma invoice retrieved by the DRI from another importer who had also imported, apparently, similar goods; finali....

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....deposit and stay of recovery in respect of the duty and penalty amounts are liable to be granted. The ld. JDR refers to the decision of the Supreme Court in Sharp Business Machines Pvt. Ltd. v. Collector of Customs, 1990 (49) E.L.T. 640 (S.C.) and the Tribunal's decision in H.C.L Ltd. v. Collector of Customs, 2000 (126) E.L.T. 808 (Tribunal) and submits that proforma invoice or quotation of price ....