2010 (5) TMI 292

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..... Rs. 2,45,880/-. On appeal, the above order was upheld by the Commissioner (Appeals). Hence, the present appeal. Held that - no evidence to show that quality and quantity of goods identical and that supplier also same. Transaction value duly supported by contract and letter of credit opened in bank cannot be dismissed lightly on bais of doubt in absence of clinching evidenc to show flowback of mone .....

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..... ansaction value. The said show cause notice culminated into an order passed by the adjudicating authority and confirmed by the Commissioner (Appeals) enhancing the transaction value from USD 1250 PMT to USD 1330 PMT and confirmed the differential duty of Rs. 2,45,880/-. On appeal, the above order was upheld by the Commissioner (Appeals). Hence, the present appeal. 3. It is seen that the appellan .....

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..... 330-1340 PMT for S.E. Asia. 4. It is on record that the appellants entered into a contract with the supplier for purchase of the goods on 22-7-04 and a Letter of Credit was opened in the Standard Chartered Bank showing the above price. The learned Commissioner (Appeals) has observed that the doubt in the mind of the department regarding truthfulness of the transaction value was genuine. It may b .....

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