2011 (8) TMI 936

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....ven consignments of integrated circuits, namely LA 4446, LA 4445, LA 3161, LA 4508, BA 5408, CXA 10195 and CXA 1191 at unit price of HK $ 0.60, 0.60, 0.33, 0.60, 0.60, 0.60 and 0.60 respectively and filed bills of entry for clearance of the goods. On verification of the declared value, the department found that the same was on the lower side as the contemporaneous imports of similar/identical goods were at higher prices. The goods were allowed to be cleared provisionally after execution of a provisional duty bond and a revenue deposit of 50% of the duty leviable on the declared value. On further verification of export values of similar/identical goods, the department was of the view that the declared value was lower and, therefore, a show c....

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.... before us against the impugned order. 3. The main grounds adduced in the appeal are that the enhancement of transaction value is based on three invoices without relevant bills of entry and, therefore, it cannot be concluded that these invoices pertain to actual imports. The show cause notice dated 21-1-1999 proposed to enhance the transaction value of the goods under Rule 5 of the Valuation Rules whereas in the order passed by the original authority, the value has been determined under Rule 8 of the Customs Valuation Rules. It is further submitted that the goods imported by the appellant are not comparable to those mentioned in the three invoices relied upon by the department. 4. The learned JDR reiterates the findings given by....