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TMI Blog2019 (11) TMI 500X X X X Extracts X X X X X X X X Extracts X X X X ..... decision after hearing, and considering, the submissions of both sides. We are unable to satisfy ourselves that the imports by M/s Mazgaon Dock Ltd could be designated as similar merely because of being contemporaneous. From the records of the original authority, we perceive a trend of fall in price during the said period. It would also appear that no efforts have been made by the assessing officer to ascertain the manner in which the alleged undervaluation would have been compensated to such extent as to warrant adoption of a value that was almost double that of the declared value - Such excess undervaluation, as alleged, should have been subject to serious investigation and appropriate penalties imposed if found to be so. In the abse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppellate authority had been decided ex-parte. 3. In the fresh proceedings, enhanced assessable value was upheld on the ground that the invoices, supplied along with the bill of entry, were not that of the manufacturer and that import of similar goods by M/s Mazgaon Dock Ltd on the same vessel from the same supplier as well as two other imports of M/s Standard Galva and M/s Bharat Heavy Electricals Ltd in December 2008 from the same supplier were priced higher than that at which the impugned imports were. The first appellate authority, in the impugned order, has relied upon the present facts and upon the decision of the Hon ble Supreme Court in Punjab Processes Pvt Ltd v. Collector of Customs [2003 (157) ELT 625 (SC)] and of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the invoice, unless that of the manufacturer, was liable to be rejected and as, in comparison with higher contemporaneous prices at the time of import, the least was adopted as the substitute, there was no error in the assessment. 7. The rigidity of a contract entered into by a public sector unit, such as M/s Mazgaon Dock Ltd in 14th December 2008, lacks comparability with the flexibility in re-negotiation of a contract of the appellant when the price of steel was claimed to have declined sharply. It was also contended by the appellant that M/s Mazgaon Dock Ltd had imported prime goods whereas theirs, apparent from the contract, are ex-stock . It is also submitted that the appellant had imported a much higher quantity t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e original authority, we perceive a trend of fall in price during the said period. It would also appear that no efforts have been made by the assessing officer to ascertain the manner in which the alleged undervaluation would have been compensated to such extent as to warrant adoption of a value that was almost double that of the declared value. Such excess undervaluation, as alleged, should have been subject to serious investigation and appropriate penalties imposed if found to be so. In the absence of such, we can only deduce that the exercise of enhancement of value so undertaken was without sufficient evidence on hand. 10. In view of the above, we set aside the impugned order and allow the appeal. (Order pr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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