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TMI Blog2011 (5) TMI 532X X X X Extracts X X X X X X X X Extracts X X X X ..... at they have purchased the electronics items from Dubai, in stock lot having different country of origin. Further, it is also seen that the bills of entry relied upon by the Revenue are not matching with the present bill of entry either in time or in quantity or in model numbers. As rightly contended by the learned advocate, the market of electronic items moves very fast on account of introduction of new models in the field and with new technology. As such, even a gap of 5-6 months can be considered as huge gap. As admittedly the Revenue has not produced any evidence on record to reflect upon the fact that the transaction value made by the importers to the foreign sellers was not correct or there was any financial flow back from the impo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... price list, original catalogue, correspondence with the supplier etc. or any other documents to substantiate and justify the declared value and to substantiate the MRP declared in the bill of entry. The said letter written by the Revenue was not responded to by the appellants. However, Shri Romel Lawrence, proprietor of M/s. Vaz Enterprises appeared before the authorities on 23.09.2004 and in his statement recorded deposed that he does not have any documentary evidence to justify the declared value. 3. On the above basis, proceedings were initiated against the appellant by way of issuance of show cause notice for enhancement of assessable value of the goods. The said notice relied upon the value of the contemporaneous imports as also on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y them and by others were admittedly different. They submitted that in electronics goods a gap of 5-6 month is considered to be a huge gap when the prices of the electronics good falls rapidly for new models are being introduced in the market. They also contended that reliance upon the information obtained from website of internet cannot be relied upon. As regards the MRP declared in the bills of entry for the purpose of additional duty of customs, they contended that there being no evidence to show that they have sold the goods at higher MRP with the one declared by them, the raising of the MRP on the basis of information from M/s. Sony India Pvt. Limited, was not justified. To support the above contention, they placed reliance on various ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lants strongly contended that they have purchased the electronics items from Dubai, in stock lot having different country of origin. Further, it is also seen that the bills of entry relied upon by the Revenue are not matching with the present bill of entry either in time or in quantity or in model numbers. As rightly contended by the learned advocate, the market of electronic items moves very fast on account of introduction of new models in the field and with new technology. As such, even a gap of 5-6 months can be considered as huge gap. As admittedly the Revenue has not produced any evidence on record to reflect upon the fact that the transaction value made by the importers to the foreign sellers was not correct or there was any financi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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