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2023 (8) TMI 946

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....is product was brought to India by the foreign company participating in the exhibition through ATA Carnet by declaring the value of the product as EU 55900. The appellant after negotiation, fixed the price at EU 30000 and accordingly, filed a Bill of Entry No. 000025 dated 16.7.2009. Since the Revenue did not accept the value, the appellant paid the duty under protest and cleared the goods. The Commissioner (A) has rejected this negotiated value on the ground that the appellant had not furnished any justifiable reason for reduction of the value from the value declared in the ATA Carnet for arriving at the negotiated transaction value as claimed by them. He also stated that no document showing the actual value paid to the supplier was also p....

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....he value as EU 30000. The appellant also vide letter dated 14.7.2009 submitted to the Deputy Commissioner of Customs that M/s. Saielo had exported 01 No. ROBOT Type SRZ 200/DL-2P Sl. No. 07066876 for Exhibition under ATA Carnet vide ATA Carnet No.DE 001/09/LDK dt. 05.01.2009. The actual value declared by the Exhibitor in ATA Carnet is EUR 55900.00. It is also submitted that since the ATA Carnet was to be expired, they were willing to pay the duty under protest on the ATA Carnet value. 6. We find that the goods imported are under ATA Carnet are allowed duty-free in terms of Notification No. 157/1990-Cus. dated 28.3.1990. As seen from the ATA Carnet documents, it is clearly shown that the goods are meant for exhibition at IMTEX 2009 India an....