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2014 (12) TMI 1049

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..... why he disbelieves the value declared by the appellant. If such a notice is issued that shall serve the purpose of Rule 8 of the Export Valuation Rules. Upon receipt of the explanation of the respondent, learned authority shall examine the same threadbare and ignoring incredible evidence if any, shall consider only proper and cogent evidence to resort to the appropriate rule of valuation. - Decide .....

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..... Export Valuation Rules, 2007. If an authority proposes to reject the valuation, the aggrieved has every right to know the reason why rejection was resorted to. But no such reason was stated to the Respondent. Basing on an ill founded market enquiry as per report appearing at pages 160 to 163 of the appeal folder, lower value was arbitrarily applied to reduce FOB value declared by the respondent to .....

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..... y. 2. Revenue on the other hand says that appropriate market enquiry was done and basing on the market report the value declared by the exporter respondent was reduced to deny the exorbitant claim of DEPB scrips. The Chartered Engineer s Certificate supported the case of Revenue to reduce the value. It is the further grievance of the Revenue today that the documents filed by the respondent befo .....

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..... nt evidence to resort to the appropriate rule of valuation. 4. It is needless to say that at all stages beginning from issuing notice till the conclusion of the case, the respondent shall be entitled to the course of natural justice. Revenue s further grievance is that despite several requests relevant data were not provided by respondent. But once proper recourse to natural justice is taken, g .....

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