2019 (4) TMI 1759

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..... have not been adopted by the Revenue - HELD THAT:- The Tribunal in the case of M/S SANJIVANI NON FERROUS TRADING PVT. LTD. VERSUS COMMISSIONER OF CENTRAL EXCISE SERVICE TAX, NOIDA [ 2017 (3) TMI 359 - CESTAT ALLAHABAD] has held that the Revenue has to first reject the transaction value and has to establish the same as incorrect value by relying upon evidences. It stands held that only after tr .....

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..... , Revenue was having certain doubts about correctness of the declaration of the description of the goods and 100% examination was undertaken, the goods were also got examined from Chemicals Engineers and they were found to be Customs Appeal No.70306 of 2018-CU[DB] 2 correctly described. Revenue also accepted the assessee s stands of the goods being stock-lot. 3. However, on the basis of .....

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..... . Learned advocate submits that the same is based upon certain calculation and no contemporaneous exports have been referred by the Revenue. We also note that apart from them, Revenue has not first rejected the transaction value declared by the importer, by production of any evidences to the contrary. The Tribunal in the case of M/s Sanjivani Non Ferrous Trading Pvt. Ltd. vs. Commissioner of Centr .....

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