2018 (2) TMI 157

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.... Veerabhadra Reddy, JC (AR) for the Appellant Shri S. Murugappan, Advocate for the Respondent ORDER Per: Bench The above appeal is filed by the department against the order passed by the Commissioner who accepted the declared retail price of the safari brand wafer bars @2.60 per piece for the goods covered under Bill of Entry dated 13.12.2005 and directed to finalize the assessment acc....

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....iced the value and RSP, market enquiry was conducted which showed that safari brand wafers bar was being sold at Rs. 8/- per piece to Rs. 9/- per piece in the local market. Thus, the goods were seized and a mahazar was drawn up. Later, on their request, the goods were permitted to be provisionally released on a cash deposit of Rs. 5,50,310/- and on execution of bank guarantee of equal amount. Thou....

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.... In several judgments, the Courts have held that if the manufacturers' invoice is available and genuine, it is the best evidence of the price of imported goods. In the present case, the department has relied upon the cash bills obtained from the local market and the same cannot be taken as the basis for enhancement of the imported goods. Further, the goods pertaining to these cash bills are safari....