9911796707
TMI Blog2014 (5) TMI 866X X X X Extracts X X X X X X X X Extracts X X X X ..... the price adopted for comparison is not a declared value but an enhanced value by the Customs. The values declared in those transactions ranged from US $ 1050 to US $ 1090 PMT. In the case laws cited by the appellant, this Tribunal has already held that for the purpose of comparison of contemporaneous imports, the value to be adopted is not the value arrived at after loading by the department but the value that has been declared and accepted without any enhancement. Besides, we notice that no evidence has been led by the Revenue in the instant case to counter the appellant's contention that the transaction value declared by them, as evident from the documents is not the real transaction value. Transactional value declared by assessee accept ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ues in respect of those three bills of entry. The declared values were US $ 1050, 1090 1060 PMT. Whereas in the case of the appellant they have declared a value of US $ 1100 PMT, which is higher than the declared value noticed in those cases. 3.2 During the same period, imports of Beta Naphtol of similar quantity were allowed vide bills of entry dated 12-1-2001, 13-1-2001 and 23-7-2001 wherein the declared values were US $ 1088, US $ 1070 and US $ 1090 PMT which were accepted by the department. Therefore, if the values on similar goods are taken into consideration, as per Rule 5 of the Customs Valuation Rules, the lowest of the value has to be taken and if that is done, the value declared by the appellant is higher than the lowest of v ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her, the price adopted for comparison is not a declared value but an enhanced value by the Customs. The values declared in those transactions ranged from US $ 1050 to US $ 1090 PMT. In the case laws cited by the appellant, this Tribunal has already held that for the purpose of comparison of contemporaneous imports, the value to be adopted is not the value arrived at after loading by the department but the value that has been declared and accepted without any enhancement. Besides, we notice that no evidence has been led by the Revenue in the instant case to counter the appellant's contention that the transaction value declared by them, as evident from the documents is not the real transaction value. 6. In view of the above, we are of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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