2017 (11) TMI 47

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....yay, Advocate for the respondent ORDER Per: (Dr.) Satish Chandra The present appeal has been filed by the Department against the order in Appeal No.1067/2016 dated 27.12.2016. 2. The brief facts of the case are that vide Bill of Entry no.3871379 dated 11.01.2016, the respondent had imported 13MM Clock Movement, Mounted PCB un-complete, paper box for calculator, table clock, wall clock,....

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....e record, it appears that in the present appeal, the issue is essentially relevant to the mis-declaration in respect of valuation, quantity and description of goods in the SKD conditions. 6. During the course of the arguments, it was submitted that the market enquiry was made by the Department. But from the impugned order of the Adjudicating authority, it appears that value of some of the items....

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.... 4(1) in turn states: "The transaction value of imported goods shall be the price actually paid or payable for the goods when sold for export to India, adjusted in accordance with the provisions of Rule 9 of these rules." 8. Reading Rule 3(i) and Rule 4(1) together, it is clear that a mandate has been cast on the authorities to accept the price actually paid or payable for the goods in....

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....yer will accrue directly or indirectly to the seller, unless an appropriate adjustment can be made in accordance with the provisions of Rule 9 of these rules; and (d) the buyer and seller are not related, or where the buyer and seller are related, that transaction value is acceptable for customs purposes under the provisions of sub-rule (3)." 14. It is only when the transaction value u....