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Issues involved: Appeal against the order passed by the Commissioner of Customs regarding the valuation of imported goods and the demand of duty.
Valuation of imported goods: The department appealed against the Commissioner's order seeking to reject the declared value of the goods imported by the respondent and enhance the value for the levy of Customs duty based on contemporaneous imports and a confessional statement by the importer. The Commissioner found the discount claimed by the importer to be reasonable and in line with international trade practices. He also rejected the proposal to increase the value of the goods based on contemporaneous imports, as well as the plea of under-valuation by the importer relying on a statement that was later retracted. The Tribunal noted the lack of documentary support from the department, including the absence of the show-cause notice and other relevant documents. Despite the department's arguments, the Tribunal upheld the Commissioner's findings and dismissed the appeal. Documentary support and lack of evidence: The Tribunal observed that the department's appeal lacked documentary support, with key documents such as the show-cause notice, confessional statement of the importer, and retraction letter not being produced. The department criticized the Commissioner's decision regarding the importer's retraction letter without providing a copy for reference. Similarly, submissions regarding contemporaneous imports were made without supporting documents. The Tribunal concluded that the appeal seemed to be filed without substantial evidence, leading to the rejection of the appeal in favor of the Commissioner's findings which remained unchallenged. The lack of documentary evidence and the absence of key documents contributed to the dismissal of the appeal by the Tribunal.
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