2012 (8) TMI 350

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.... Wadhwa (for the Bench):   Being aggrieved with the order passed by Commissioner (Appeals), Revenue has filed the present appeal. We have heard Shri Amrish Jain, SDR appearing for the Revenue. No one appeared for the respondents. 3. As per facts on record, the respondents filed Bill of Entry on 22.3.07 for clearance of HCH brand ball bearing imported from China. The declared unit pri....

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..... S/26-757/97 VA dated 8.9.2005. However, he observed that inasmuch as there was no contemporaneous import showing import of identical goods at a higher value, the rejection of the transaction value was not justified, in terms of law declared by the Hon ble Supreme Court in the case of Eicher Tractors Ltd. as reported in [2000 (122) ELT 321 (SC)]. The appellate authority also relied upon the vario....

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....ements is applicable, the same is required to be adopted. The dispute in the present appeal as also in the relied upon decisions is as regards under-valuation of the imported goods. In all the relied upon decisions, enhancement of the assessable value stands set aside on the ground of absence of any contemporaneous imports by another importer, in respect of the same goods. That is the crux of the ....