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2002 (11) TMI 228

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..... 23,82,400/-. The value declared as per the sets of Gasket was Rs. 167.37 and drawback claim of it is Rs. 27.62 per set. The Revenue has disputed the value of the said goods and alleged that the goods in question were over invoiced. The said allegations are based upon the following evidences produced by the Revenue :- (i)       A cash memo dated 30-3-2000 of one M/s. Dewang Automobiles showing the value of the Gasket stating as Rs. 1.60 per set; (ii)      Calculation of cost of the Gasket sets arrived at on the basis of purchase of cork sheet from M/s. Dharmesh Enterprises; (iii)     The earlier adjudication order by the Commissioner of Customs wherein the value ....

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....ts that there are various types of Gaskets and the value of the same cannot be compared with each other without comparing quality or the technical aspects of the two types. Shri Mehta also submits that the export between the appellants and the foreign buyers was at arm's length and the goods were exported in the usual course of business where the price was the sole consideration and they have also received the entire consideration of the same from their foreign buyers. 5. As regards the second piece of evidence, Shri Mehta submits that the Customs Authorities have arrived at the value of the goods on the basis of value of cork sheets purchased from the market. He submits that this system of valuation is not authorised and the value of the ....