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TMI Blog2017 (4) TMI 262X X X X Extracts X X X X X X X X Extracts X X X X ..... for what reasons as provided under Rule 4(2) the transaction value will have to be rejected - It is clear that in the absence of any ground for rejecting the invoice value it is not open to the Revenue to adopt any other value under any Rule subsequent to Rule 4 of the Customs Valuation Rules - appeal allowed - decided in favor of appellant. - Appeal No. C/1307/06 - - - Dated:- 19-12-2016 - Mr. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been given by the Commissioner (Appeals) for rejecting the invoice value. The Commissioner (Appeals) has only relied on the Circular No.493/124/86-Cus VI dated 19.11.1987 issued by Dept. of Revenue, Ministry of Finance. Learned C.A. argued that while the authorities have relied on the Chartered Engineers Certificate in so far as the price of the machinery at the time of purchase was concerned it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not influenced by the relationship. Learned C.A. also relied on the decision of the Hon ble Supreme Court in the case of Tolin Rubbers Ovt. Ltd. v. CC 2004 163) ELT 289 (S.C.). 3. Learned A.R. relied on the impugned order. 4. We have gone through the rival submissions. We find that in the instant case valuation has been done after granting depreciation of 70%. However, before doing that no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4. That procedure has not been followed in this case. None of the authorities advert to this Rule or say for what reasons as provided under Rule 4(2) the transaction value will have to be rejected. In these circumstances, we allow this appeal, set aside the order made by the authorities and hold that the Bill of Entry as made by the appellant shall be accepted. The appeal is allowed according ..... X X X X Extracts X X X X X X X X Extracts X X X X
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