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TMI Blog2011 (2) TMI 583X X X X Extracts X X X X X X X X Extracts X X X X ..... description and payment condition, etc. to arrive at the correct valuation, both the lower authorities have not applied the correct Customs Valuation Rules, hence the loading of value in this matters are unjustified - Appeal is allowed - C/261-262/2007 - C/131-132/2011(PB) - Dated:- 24-2-2011 - S/Shri Ashok Jindal, Mathew John, JJ. REPRESENTED BY : Shri Prem Ranjan, Advocate, for the App ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the appellants submitted that the adjudicating authority has loaded the value on transaction value of the goods without assigning any reason and without rejecting the transaction value. The lower appellate authority has also observed in the impugned order that loading of value was done by the customs authorities on the basis of PLATT s prices i.e. weekly Asian Polymers price table relevant at th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court in the case of Varsha Plastics Pvt. Ltd. v. Union of India reported in 2009 (235) E.L.T. 193 (S.C.). 4. Heard and considered. 5. On careful examination of submissions made by both sides, we find that in this case while assessing the bill of entry, the loading of value was done without taking the consent of the appellants which is in violation of the Board s Circular No. 91/2003-Cus., dat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... misdeclaration in the description of goods. Thus there was a good reason to reject the transaction value. After rejecting the transaction value PLATT prices were adopted. In this case, no reason is given for rejection of transaction value. In fact this case also supports the case of the appellants since in that case the Apex Court has held that availability of evidence of contemporaneous import o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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