2018 (6) TMI 1023

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.... for the appellant Shri R.P. Jindal, Advocate for the respondent ORDER Per: C J Mathew Appeal of Revenue against order-in-appeal no. GOA/CUS/PAP/51/2009 dated 31st July 2009 of Commissioner of Customs (Appeals) Goa pertains to the dropping of the enhancement of assessable value of 'copper strips' imported by M/s Andrew Telecommunications India Pvt Ltd against eight bills of entry nos. ....

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....cer, and the appeal of Revenue, contend that the justification offered by the importer that contracted price was for long-term supply is unacceptable as no contract was registered, that prudence in commercial transactions would not find supply price of manufactured price to be less than the cost of copper metal, that adoption of London Metal Exchange price of copper had been agreed to by the impor....

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....)] makes it abundantly clear that rejection of declared value must be justified and sequential application of Customs Valuation (Determination of Value of Imported Goods) Rules, 1988 cannot be given the go by. 5. The assessing authority places reliance on the price of the base metal published in bulletin of the London Metal Exchange and the consent of the importer to adopt that as the base for ....

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....ty that they had themselves imported goods on or around the same time at similar rates which had been accepted by the assessing officer. The by-passing of the preceding rules to take recourse to rule 7A of Customs Valuation (Determination of Value of Imported Goods) Rules, 1988 is also not legally tenable. The failure to sequentially apply the Rules after consideration of the evidence of contempor....