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Issues:
1. Dispute over the enhancement of declared values for imported fabrics. 2. Comparison of imported fabrics for valuation purposes. 3. Allegations of identical goods and transaction value acceptance. Issue 1: The case involved a dispute where the Revenue appealed against the acceptance of declared values by the Respondents for imported fabrics. The Respondents were importers of knitted/woven fabrics and had imported consignments from Taiwan and Korea. The declared values were enhanced to US$ 2.50 per meter, leading to duties being paid under protest by the Respondents. Issue 2: The Commissioner (Appeals) set aside the enhancement of assessable value by the Assistant Commissioner, ruling in favor of accepting the transaction value as declared by the Respondents. The comparison of goods for valuation purposes revealed differences in weight, width, and country of origin between the imported fabrics and those being compared. The Revenue contended that the imports were comparable and presented new evidence, which was not allowed by the Commissioner (Appeals). Issue 3: Upon examination, it was found that there were no special circumstances under the Customs Valuation Rules, 1988 to depart from the transaction value. The decision of Eicher Tractor was cited to support the acceptance of transaction value. Detailed comparative details were presented to show the differences between the imported fabrics and the compared imports, indicating that they were not identical goods. As no comparable goods at higher values were imported, the transaction value could not be departed from based on the Revenue's data. In conclusion, the Tribunal upheld the order of the Commissioner (Appeals) and dismissed the Revenue's appeal, emphasizing the acceptance of transaction value in the circumstances of the imports.
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