2008 (2) TMI 228

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..... the Respondent. [Order per : Jyoti Balasundaram, Vice-president]. - The appellants herein filed bill of entry on 26-12-2001 for clearance of 26.50 MT of 5cm-7cm pumice stone imported from M/s. Sabay Construction and Foreign Trade Ltd., Turkey, at a declared unit price of US$ 105 per MT (CIF). The transaction value was rejected by the Deputy Commissioner who determined the value of the goods as U .....

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..... the ground that other importers were importing the same goods from the same country at around the same point of time at higher prices. This, however, is not legally permissible, as held by the Tribunal in the case of Mark Auto Industries Ltd. v. CC, New Delhi - 2003 (162) E.L.T. 261 and Devika Trading Pvt. Ltd. v. CC, Mumbai - 2004 (167) E.L.T. 75. Since the only basis for rejecting the transactio .....

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