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Issues:
1. Appeal against the decision of the Collector of Customs (Appeals) Mumbai regarding the enhancement of value of imported goods. 2. Comparison of the appellant's import with another importer's import for valuation purposes. 3. Entitlement of the appellant to the benefit of the second proviso to Rule 9(2) of the Customs Valuation Rules. Issue 1: The appellant filed an appeal against the decision of the Collector of Customs (Appeals) Mumbai, who dismissed the appeal requesting to reverse the finding of the adjudicating authority enhancing the value of the imported goods. The appellant imported 500 kg of edible acid casein 30 mesh from France and sought clearance under Bill of Entry Thoka No. 9298 dated 30-1-1991. The invoice showed the total value at US $ 3260 CIF, with a breakdown of costs. The authorities sought to enhance the value based on another importer's import, which the lower authorities did not agree with. The importers also claimed the benefit of the second proviso to Rule 9(2) of the Customs Valuation Rules, which was rejected by the lower authorities, leading to the present appeal. Issue 2: The appellant argued that the goods imported were not identical to those of another importer, M/s. Raptiko Brett & Co., as they were used for different purposes. The appellant's goods were for the manufacture of rosin emulsion, while M/s. Raptiko Brett's goods were edible protein for biscuits. The appellant emphasized the differences in quality and usage of the goods, supported by specific statements from the seller regarding industrial acid casein. The Tribunal agreed with the appellant, noting that the goods compared were not identical or similar in quantity, country of origin, or description. The Tribunal ruled in favor of the appellant, accepting the transaction value only and rejecting the comparison for the purpose of enhancing the value. Issue 3: Regarding the entitlement of the appellant to the benefit of the second proviso to Rule 9(2) of the Customs Valuation Rules, the Tribunal analyzed Rule 4, which states that the transaction value of imported goods shall be the price actually paid or payable for the goods when sold for export to India. Rule 9(2) provides for capping the value of air freight at twenty percent of the free on board value of the goods. The Tribunal found the appellant's claim legally tenable and allowed the appeal, setting aside the impugned order and providing consequential relief in accordance with the law. In conclusion, the Appellate Tribunal CEGAT, Mumbai, in the cited judgment, addressed the issues raised by the appellant comprehensively, ruling in favor of the appellant on both the comparison of imports for valuation purposes and the entitlement to the benefit of the second proviso to Rule 9(2) of the Customs Valuation Rules. The Tribunal's detailed analysis and legal interpretation resulted in setting aside the decision of the lower authorities and providing relief to the appellant in accordance with the law.
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