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Issues:
Challenge to enhancement of value of imported goods based on contemporaneous imports at higher prices. Analysis: The appellant imported a consignment of ball bearings from China, directly shipped to them, consisting of 7,50,000 ball bearings valued at Rs. 12 lakhs. Customs authorities raised the value to Rs. 19 lakhs based on contemporaneous imports at higher prices. The appellant argued that the consignment was a stock lot, supported by the invoice description as "quality commercial/stock lot" and a supplier's letter certifying it as a stock clearance sale during the Chinese New Year. The appellant relied on the principle that commercial transaction value should be accepted for valuation, citing the Supreme Court decision in Mirah Export Pvt. Ltd. v. C.C. The customs department contended that the misdeclaration of value was evident as the same goods were sold at higher prices by the Chinese exporter. They argued that the invoice description as "commercial/stock lot" without crossing out one entry did not support the quality claim. The Chartered Engineer's certificate stated the goods were new and usable. However, the appellant's transaction value was significantly lower than the sale price to another party, raising the question of abnormal discount. The documents and examination of the consignment indicated a clearance sale, with packets marked as "S/L" and limited varieties. The appellant's supplier confirmed the clearance sale nature of the consignment. The Tribunal found the discount to be acceptable based on the Mirah Exports Ltd. case, concluding that the enhancement of value was unjustified, setting aside the impugned order and allowing the appeal with consequential relief to the appellant.
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