2001 (9) TMI 220

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....ies) with LCD display. They have imported the same from M/s. Sangam Trading Company, Hong Kong and declared the CIF value at Hong Kong $ 0.65 per piece for gents model and Hong Kong $ 0.40 per piece for ladies model. They have also produced REP licence for clearance. However, on investigation and on search of residence of one Shri Dwarkadas Kanjani certain incriminating documents were found including certain chits and papers. On the basis of these documents and statements recorded from V.K. Vora and that of Shri Dwarkadas Kanjani proceedings have been initiated against both of the appellants to enhance the value by rejecting the value declared in terms of Section 14 of the C.E. Act. 2. The Commissioner has confirmed the duty amount of Rs....

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..... Jayachandran reiterates the Department's contention. 6. On a careful consideration and on perusal of the judgment of the Tribunal rendered in the case of Umesh Murali Satwani (supra) and that of Shri Dwarkadas Kanjani (supra) we notice that the Department had initiated proceedings against the appellant and the noted persons for enhancing the value in respect of imported watch parts as described in the Bill of Entry. The evidence collected in the present case is only chits and papers found in the premises of Shri Dwarkadas Kanjani and statements recorded. The Tribunal held for the purpose of enhancing the value there has to be evidence of contemporaneous importer of same goods from the same country, quality and quantity and a piece of p....

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....ds cleared through Hyderabad Customs had adopted a lower valuation for these items as against the values ruling in the market at Hong Kong (sic) being higher as specified therein. If this evidence is to be taken to its logical conclusion, then the department should have further investigated with respect to other imports also cleared through Hyderabad Customs and found different evidence of contemporaneous import for higher prices or otherwise. There is nothing on record to show any contemporaneous import at higher price or otherwise than those declared in this Bill of Entry. We further find that if it is the case of the department that those rules of Customs Valuation Rules which provide for setting aside all the transaction value on the ba....