2016 (12) TMI 1205

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....Suryanarayanan, Advocate, for Respondent Per: M.V. Ravindran: This appeal is filed by the Revenue against Order-in-Appeal No. 98/2004 (JNCH) dated 29.11.2004 passed by the Commissioner of Customs (Appeals), Mumbai-II. The Revenue has also filed a stay petition for staying the operation of impugned order. Respondent-assessee has also filed a cross objection which is in support of the impugned ord....

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....pany. 6. The first appellate authority while not accepting the findings recorded by the adjudicating authority has held as under:- "As against this the appellants have submitted that the equity participation is not 100% as held by the lower authority but only 50%; that though the SIA had permitted 100% equity participation, the actual participation was only 50%; and that there is no relationship....

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....trated closed approximation of the declared value as required. I find that this fact has not been assailed by the lower authority nor any evidence has been adduced to show that the declared value not correct except to state that the buyer and a seller are related persons and their relationship has influenced the price. There appears to be no other ground to justify the addition of 20% to the decla....

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....late authority and the same Commissioner (Appeals) has upheld addition of 20% of the value on account of non co-operation from the various assessee. 8. In our considered view, the order passed by the adjudicating authority in enhancement the value of the goods imported by 20% was correctly set aside by the first appellate authority. In our view, the first appellate authority has considered the en....