2016 (5) TMI 829

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.... For the Petitioner : Shri Anil Balani, Advocate For the Respondent : Shri M.K. Mall, A.C. (AR) ORDER PER : M.V. RAVINDRAN This appeal is directed against Order-in-Appeal No. 327/04-MCH dated 07/07/2004. 2. The relevant facts that arise for consideration are that the appellant have imported Star Aniseeds declared a price of US $ 1550 /MT. The said declared value was rejected based ....

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.... not given the copy of B.O.E. It is also his submission that enhancement of value on the basis of Spices Market Weekly is not correct and permitted. He relied upon the decision of the Supreme Court in the case of Basant Industries - 1996 (81) E.L.T. 195 (S.C) for the proposition that comparison of invoices is not conclusive for determination of question of under valuation. It is his submission tha....

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....wn as US $ 7490 /MT. Since the value was ridiculously low, the same was rejected and contemporary imports value was used for demanding deferential duty. He would submit that the Apex Court in the case of Shibani Engineering Systems  1996 (86) E.L.T. 453 (S.C.) has held that assessing officer can rejected the transaction value of the goods, if it is ridiculously low and totally unrealistic. ....

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....y an importer who had imported the consignment four months, after the consignment cleared, is not in consonance of the provisions of the Customs Act, as on the day of import there seems to be no contemporaneous imports and the value declared by the appellant was accepted. Again we are not in the position to come to a conclusion whether the imports made in May 2001, were solitary imports or regular....