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TMI Blog2018 (9) TMI 1673X X X X Extracts X X X X X X X X Extracts X X X X ..... evidence to show over-valuation of the cargo. Even the status of the Valuation Committee does not stand disclosed i.e., as to who were the members of the said Committee, how they arrived at the value?; what was the basis of the findings? and what was the technical and expert qualification of the said members? and so impugned orders are not sustainable. Demand set aside - appeal allowed - decided in favor of appellant. - Appeal No. C/00347/2012 - Final Order No. 42276/2018 - Dated:- 3-7-2018 - Shri Madhu Mohan Damodhar, Member (Technical) And Shri P Dinesha, Member (Judicial) Shri. A. K. Jayaraj, Advocate for the Appellant Shri. A. Cletus, ADC (AR) for the Respondent ORDER Per Bench, The appellant is an exporte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... resisted by the assessee during the course of adjudication. Aggrieved by the same, the assessee is in appeal before this forum. 2. Heard Shri. A. K. Jayaraj, Ld. Advocate for the appellant and Shri. A. Cletus, Ld. Department Representative for the Revenue. 3.1 The primary contention of the Ld. Advocate appearing for the assessee is that the Revenue ought not to have relied on the report of the Valuation Committee per se and other than this, there was absolutely no evidence with the Revenue to show that there was over-valuation. 3.2 The Ld. Counsel further submitted that the report of the said hi-powered committee could not be equated to that expert opinion and nowhere in the impugned order has the Commissioner recorded any reasons ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reasons as to why the value declared by the assessee is not to be accepted. As such, he submits that the Revenue has proceeded without there being any evidence to rebut the value declared by assessee. In such a scenario, he prays for setting aside the redemption fine and penalty. 7. The learned Authorised Representative appearing for the Revenue reiterates the findings adopted by lower authorities. 8. On going through the facts on records, we find favour with the appellant s contention that apart from the report of the Valuation Committee, there is no other evidence to show over-valuation of the cargo. Even the status of the Valuation Committee does not stand disclosed i.e., as to who were the members of the said Committee, how ..... X X X X Extracts X X X X X X X X Extracts X X X X
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