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Issues Involved:
The issues involved in the judgment are the valuation of imported dry ginger and pepper, specifically the enhancement of declared values by the authorities. Valuation of Dry Ginger: The appellant imported dry ginger from China at a declared value of US $600 per ton, which was increased to US $1200 per ton by the Assistant Commissioner and confirmed by the Commissioner (Appeals). The Tribunal noted that no satisfactory reason was provided by the authorities for not accepting the declared value. The authorities relied on market prices without any evidence to doubt the transaction value. Since there was no evidence to cast doubt on the transaction value, the Tribunal held that the declared value must be accepted. Valuation of Pepper: In the case of imported pepper from Indonesia, declared at US $1500 per ton, enhanced to US $1900 per ton by the Assistant Commissioner, the Tribunal found that the authorities relied on higher prices of identical goods imported elsewhere. The Tribunal referenced a Supreme Court judgment stating that unless exceptions under Rule 4(1) of the Valuation Rules apply, the transaction value must be accepted. As there was no evidence to show that the invoice did not reflect the actual selling price of the pepper, the Tribunal concluded that there was no justification for enhancing the value. Judgment Outcome: The Appellate Tribunal allowed the appeals and set aside the orders enhancing the values of both the dry ginger and pepper, emphasizing the importance of accepting the declared transaction values unless there is concrete evidence to the contrary.
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