2009 (4) TMI 766

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..... out stating any reason for rejecting transaction value - C/557/2006 - C/163/2009(PB) - Dated:- 1-4-2009 - Shri M. Veeraiyan and P.K. Das, JJ. Shri A.K. Madan, DR, for the Appellant. Shri A.K. Misra, Consultant, for the Respondent. [Order per : P.K. Das, Member (J)]. - Revenue filed this appeal against the Final Order No. 188/NS/GGN/06 dated 30-6-06 passed by the Commissioner (Appea .....

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..... tted fabrics US $ 2.5 per kg. He also submits that the respondent paid duty on the basis of order of the assessing officer as recorded on the back side of the bill of entry and no protest was made. 4. Learned Representative for the respondents reiterates the finding of the Commissioner (Appeals). 5. After hearing both sides and on perusal of the record, we find that the respondents paid duty u .....

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..... fabrics is arrived at US $ 2.50 per kg. We find that the price cannot be enhanced merely on the basis of benchmark price without stating any reason for rejecting transaction value. It appears that NIDB data placed by the learned DR has followed the benchmark price. Accordingly, we do not find any reason to interfere with the order of the Commissioner (Appeals). The appeal filed by Revenue is rejec .....

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