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TMI Blog2013 (5) TMI 11X X X X Extracts X X X X X X X X Extracts X X X X ..... idence of contemporaneous import. The price declared by the importer cannot be disbelieved on the ground that the manufacturers invoice had not been produced particularly when the goods were purchased from a trader on high sea sales. Revenue failed to produce any material to discard the declared price - enhancement of the declared value is not sustainable. In favour of assessee. - C/61/2004 - Fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on high sea sales basis from M/s. JG Impex, Delhi. The adjudicating authority enhanced the value from USD 0.64 per sheet to USD 1.25 per sheet and fixed the assessable value at Rs.18,95,471/- under Rule 8 of the Customs Valuation Rules, 1988. He also confiscated the goods and allowed redemption of the goods on payment of fine of Rs.3,80,000/- and imposed penalty of Rs.6,16,220/- under Section 112( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t vide Bill of Entry No. 181108 dated 8.5.2001. It is submitted that show-cause notice was issued on the basis of quotation and the value cannot be enhanced on the basis of such quotation. He also drew the attention of the Bench the certificate issued by the manufacturer on this regard. It is also stated that the price was fixed after a thorough negotiation with the supplier. 4. The learned AR r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ervaluation. We find that the said evidence was not found in the show-cause notice. It is noticed that the thickness of the goods in the quotation and the present goods are different. The appellant produced Bill of Entry No. 181100 dated 8.5.2001 of import of hard board of the same size in the same price by M/s. Agarwal Manufacturing Co. in Mumbai Port. In any event, it is settled law that the quo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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