2018 (3) TMI 648

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....ench The appellants imported various brands of red and white wines from Spain vide Bill of Entry No.392537 dated 28.12.2009. The original authority rejected the invoice value for Vina Adela Red and White wines, Mondelion Calatayud Wine and Campode Borja Crianza Red wine declared as Euro 0.97, 1.73, 2.45 per bottle each and instead ordered values at Rs. 140, Rs. 195 and Rs. 245 per bottle respecti....

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....e RSP cannot be compared even to those coming from the same region; that the mere fact that supplier is giving credit by itself does not vitiate the transaction value; that department themselves have found out that there are no comparable higher contemporaneous values. The Commissioner (Appeals) vide impugned order dt. 29.3.2010 held that the rejection of declared value is not proper and hence set....

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.... the invoices stated as telephonic transfer (TT) with 90 days is unusual as no supplier would give such a high value on credit for such a long period in normal course of trade. 3. Heard both sides. After going through the records, we find that the original authority had analysed the nature and manner of import and had pointed out a number of discrepancies with respect to the pricing. In the first....

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....hen these shall be determined using deductive value. For arriving at such deductive value, the adjudicating authority has taken into account the effect of neutralization of taxes and only thereafter arrived at a conclusion that assessable value of goods viz. Vina Adela Red and White Wine should be pegged at Rs. 140 per bottle; that Mondelion Calatayud Wine should be pegged at Rs. 195 per bottle an....