2009 (6) TMI 356

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..... no evidence of rejection of the transaction value, ratio of the law declared by Hon’ble Supreme Court in case of Eicher Tractors v. CCE, Pune would apply - In such circumstances, the charge of the department that the price was not competitive or that there was some abnormal discount given only to the appellant is not sustainable. - We do not find any justification to interfere in the above finding .....

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..... imported by the assessee under Bill of Entry dt. 30-1-04. The price declared by the appellant was USD 640 PMT whereas Revenue has enhanced the same to USD 710 PMT. 3. Commissioner (Appeals) has extended benefit to the appellants by taking note of the fact that they have entered into contract with the supplier of the goods and such contract was based on international prices of the commodity. The .....

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..... ellant is not sustainable. The doubt in the mind of the department regarding the truthfulness of the Transaction Value was genuine but the appellant had rebutted the doubt successfully by producing ample evidences. Enhancement of value based on the price of the goods on 19-1-04 cannot be sustained for a contract of sale of goods entered in the month of December, particularly when evidence has been .....

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