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2017 (12) TMI 31

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....f the case are that the appellants had filed four Bills of Entry dated02/11/2007 and 05/11/2007 for import of 98.61 MTs of rusted M.S. Pipes declaring total value of USD 26624.70.  The department took the view that the imported goods are restricted item under 2.17 of Foreign Trade Policy and requires valid import licence for the same.  It was also alleged that the declared value of the i....

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....when the matter came up for hearing, on behalf of the appellant, Ld. Advocate Shri A.K. Jayaraj submitted that the import was a bulk purchase under quantity import hence enjoyed  discount.  Therefore, the invoice value has to be accepted unless it is found that the seller and the buyer have mutual interest in their business and proved additional consideration of the same.  He also c....

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....ds requiring specific import licence, but not produced, is sustainable.  5.2   The only remaining dispute concerns the enhancement of value.  In this regard, we find merit in the contention of the Ld. DR that the appellants have not produced any evidence in support of their claim that the declared price was correct transaction value, before any of the lower authorities.  ....