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TMI Blog2000 (7) TMI 152X X X X Extracts X X X X X X X X Extracts X X X X ..... is as to whether the Customs authorities can reject the transaction value and the invoices which reflected the value of the imported goods namely "toys". The customs authorities through their DRI unit obtained a quotation from the supplier and on that basis enhanced the value. 2. The contention of the importer was that the quotation was not an authenticated document as it had not been signed or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... doubt. The goods under import are exactly in nature the same as in the other documents applied. In the circumstances, case laws quoted are not applicable to this case." 4. Learned Consultant Shri M.S. Kumaraswamy for the appellants submits that the Apex Court in the case of C.C., Bombay v. East Punjab Traders as in 1997 (89) E.L.T. 11 (S.C.) has held that documents obtained by Indian Customs Of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 118) E.L.T. 414 (T) which has referred to large number of judgments and has held that the recourse to Customs Valuations Rules, 1988 is permissible only after the transaction value is discarded in terms of Rule 4 ibid. He therefore contends that the impugned order is required to be set aside. 5. Ld. DR Shri S. Sudarsan defends the order and submits that the quotation had been obtained from the s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... action value has to discarded or accepted in terms of Section 14 read with the provisions of Valuation Rules. In this case, the DRI obtained unauthenticated quotation from the supplier and based on that the valuation has been enhanced. Such an exercise has not accepted by the Apex Court and held to be contrary to the provision of law as held in the case of C.C. v. East Punjab Traders (supra). Simi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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