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2013 (5) TMI 97

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..... s admission by the appellant admitting undervaluation to the extent of 30%. Since that is the only evidence available the differential duty demand should be restricted to loading of declared price by 30% only. Further we reduce the redemption and penalty. Accordingly appeal is partially allowed. - C/740/2007 - C/A/245/2012-Cus.(PB) - Dated:- 9-8-2012 - Ms. Archana Wadhwa and Shri Mathew John,JJ .....

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..... 30% of the price at which the goods were purchased from the buyer and he agreed to deposit the balance Customs duty that is due and he deposited differential duty on 24-8-2006. The matter was adjudicated by confirming the differential duty on revised assessasble value of Rs. 7,02,749/- and Rs. 2,29,987/-. The value of Rs. 7,02,749/- is fixed on the basis of price list and the second value of Rs. .....

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..... nternational trade. The value in international trade depends on various factors like the quantity ordered, prospects of further business etc. So the valuation adopted by the Revenue on the basis of price list has no legal basis. He points out that in his statement also the admission was regarding under valuation to the extent of 30% only whereas the Revenue has assessed the value at level of about .....

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..... 4. We have considered arguments on both the sides. We are not in agreement with the argument that price list published by a supplier is a good basis for arriving at assessable value of goods in the course of international trade. However, in this case there is admission by the appellant admitting undervaluation to the extent of 30%. Since that is the only evidence available the differential duty d .....

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