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2012 (9) TMI 423

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..... other importers is more or less same as declared by the present respondent - price list relied upon by the Revenue reflects the retail sale price of the items in the domestic market and not the export prices in the international market - price lists are merely the quotation of the prices has no reflection on the transaction value – in favor of importer - C/182/2007 - C/201/2011(PB) - Dated:- 24- .....

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..... provisionally on execution of bank guarantee. The admitted duty to the tune of Rs. 8,85,320/- was paid by the respondent. 3. Subsequently a show cause notice was issued on 24-9-2004 proposing to enhance the assessable value, by taking into consideration the list price of the supplier. The said show cause notice culminated into an order passed by the original adjudicating authority confirming di .....

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..... relied upon by the Revenue reflects the retail sale price of the items in the domestic market and not the export prices in the international market. The appellate authority also took into consideration a certificate issued by the manufacturer/supplier to the effect that a discount ranging from 57% to 65% is available to the importers on the trade price list. As such by taking into account the abov .....

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..... e enhanced value stands accepted by the importer, they are estopped from contesting the same now. 6. We find no merits in the above stand of the Revenue. It is seen that a proper adjudication order was passed by the Assistant Commissioner, which was appealed against by the importers before Commissioner (Appeals). Merely because they might have cleared the goods on payment of duty at the higher a .....

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