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TMI Blog2011 (7) TMI 370X X X X Extracts X X X X X X X X Extracts X X X X ..... e price list in 2001 was much higher. On comparison of all the four price lists, it was noticed that 1999 and 2001 prices were higher while 2000 and 2002 showed of lower price - No explanation was offered for this by the importer. Hence pending receipt of clarification provisional assessment was resorted to on the basis of 2001 price list - Therefore, there is no reason why the Department should n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alue was much higher than that of price declared in the 2000 price list. As both the price lists were purportedly issued by the manufacturer and there was difference in prices there was a reasonable doubt to reject the declared value and to resolve the conflict in the various price list, price list was sought to be verified and both DRI and the Directorate of Valuation were contacted. Vide letter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ization of the provisional assessment and return of bank guarantee and vide order dated 10.1.2003 the Hon'ble High Court directed the Department to finalize the provisional assessment within four weeks from the date of its order. The time for finalization was extended by the High Court by four weeks, vide its order dated 21.2.2003. Since the time frame was fixed by the High Court for finalization, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hile 2002 price list does not reflect the currency in which the prices have been indicated. The adjudicating authority has also noticed that no imports of Soga brand in any of the major ports in India during the material time and therefore contemporaneous prices could not be adopted. It is not the case of the assessee that other importers in India also imported the same Soga brand glassware in or ..... X X X X Extracts X X X X X X X X Extracts X X X X
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