2023 (8) TMI 801

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....Shri Himanshu P Shrimali , Superintendent ( Authorized Representative ) for the Respondent ORDER SOMESH ARORA When the matter was came up for hearing, learned advocate for the appellant raised various grounds regarding improper rejection of the transaction value which he has been taken earlier also as well as regarding the adequacy and the relevance of NIDB data as well as other contemporaneous....

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....alue and which is quite akin to present Rule 12 was introduced only in the year 1998 vide Ministry of Finance (DR) Notification No. 10/98-Cus (NT) dated 19.02.1998, therefore, the judgment relied upon by the learned Commissioner (Appeals) for the impugned imports was irrelevant for the impugned import. We also find that while order-in-original had reproduced Rule 12 in the course of discussion but....

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....ection of transaction value has not been pronounced upon in detail. In view of this, at the outset, we find that the approach of rejecting transaction value, itself was incorrect and needed affording materials to the party. In view of the above we find that all other arguments relating to rejection of transaction value or NIDB data assumed insignificance at this stage since we are of the view that....