2018 (2) TMI 242

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.... AC (AR) - For the Respondent ORDER Per: Bench The brief facts of the case are that the appellants imported one Barudan Multi Head Computerized Embroidery machine Model BED XH-YNB 20 head, 9 colour, vide Bill of Entry No.780197 dt. 30-03-05 for a value of Japanese Yen 72,50,000/- which worked out to Rs. 30,00,000/- approx. It was ascertained by the department that a similar machine had be....

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....oday, when the matter came up for hearing, on behalf of appellant, Ld. Advocate Shri B. Satish Sundar made oral submissions which can be broadly summarised as under : (i) The lower authorities have rejected the transaction value without any basis and without following the mandate prescribed in the Customs Valuation Rules. (ii) The lower authorities failed to consider the explanation that dif....

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....oidery area as 600 x 300 mm. (v) Proforma Invoice showing the total value of the goods as JY 72,50,000 CIF Chennai was also submitted. Insurance Policy dt. 17.3.2005 also showing the as 600 x 300 mm and the insured amount showing as JY 79,75,000 had also been submitted. All these evidences submitted by the appellant were brushed aside and the value was enhanced based on older model imported by ....

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.... for this enhancement was a purported identical model imported by different importer vide their Bill of Entry No.731210 dt. 20.12.2004 wherein the import price was Rs. 39,85,800/-. What stands out in this entire controversy is that right from the beginning appellants have been representing that the model imported by them had lesser features than the one sought to be compared by department which ha....