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2001 (8) TMI 194

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..... ls is the value for purpose of assessment of electronic components imported by each of the appellants. These goods consist of trimpots, which are stated to be a variety of potentiometer and of various transistors and in the case of Appeal 426, of switches. In both cases, the basis for enhancing the valuation is the local market price of such goods as certified by the Electronic Components Industri .....

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..... es of import duty and octroi can be determined on the basis of actuals, it is not possible for us to accept blindly without any material in support whatsoever, figures that he has taken towards margin of profit, transportation charges, miscellaneous expenses etc. Secondly, even assuming these figures to be correct, we are unable to see how the value has been arrived at. We will consider for this p .....

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..... ld hold true with regard to NE555 from the sale price given by ELCINA of Rs. 6/-, the Additional Collector has arrived at the cif value at Rs. 2/-. Value of trimpot has been increased applying the import of identical goods made by Allied Electronics from Singapore at about the same time in both the appeals. The counsel for the appellants contends that the figures imported by Video Audio Services i .....

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..... that a mere quotation by itself is insufficient evidence on which to base the assessable value. Numerous decisions of the Tribunal have held that the price to be applied on which are actually imported. In addition, the quotation relied upon is not for the same goods but for a different model. 5. This is also the position with regard to various items, in Appeal 426. Here the Additional Collector .....

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..... d penalty in each appeal is reduced to Rs. 5000/-. 6. The matter would ordinarily have to be remanded for determining the duty payable. However, the counsel for the appellants contended that the goods have been sold during the pendency of the appeal. If that is the case, the appellants may be entitled to the proceeds of the sale less the total of the expenses of the sale. - - TaxTMI - TMI .....

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