2013 (12) TMI 1042

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.... ORDER Being aggrieved by the order passed by the Commissioner (Appeals), Revenue has filed the present appeal. 2. We have heard Shri Amresh Jain, learned DR for appellant and none appeared for the respondents. 3. The dispute involved in the present appeal relates to assessable value of the imported mix ball bearing of China origin by the respondents. As the assessing authority did not a....

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...."A minimum cut off price at US $ 1.60 per kg is therefore, felt reasonable and fair. Wherever price list/NIDB data is not available or, even if available, is less than the cut off price, it is proposed to adopt the minimum cut off price for assessment of all imports of ball bearings from China at 1.60 US$ per kg". 5. Thus the Commissioner (Appeals) failed to appreciate the contents of the lette....

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.... in terms of Customs Valuation Rules. However, such rejection of transaction value and enhancement of assessable value has to be on the basis of some evidences on record. Contemporaneous imports have to be considered in reference to quality, quantity and country of origin with the imports under consideration. It has been held in a number of decisions that NIDB data cannot be made the basis for enh....