2005 (7) TMI 473

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..... C.N.B. Nair, Member (T)]. The Appellants is a manufacturer of Decorative Laminated sheets. Phenol is a raw material for such manufacture. Under Bill of Entry No. 5890, dated 17-7-2001 the Appellants imported a consignment of 210 M.T. of Phenol. They produced invoice for the goods at U.S. $ 525 per M.T. The Customs authorities assessed the consignment at a higher value of U.S. $ 578 per M.T. .....

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..... action value invalid. It is also being pointed out that the Appellants import was a higher quantity (210 M.T. compared to 190 M.T.) under Bill of Entry No. 0306, dated 6-6-2001. The learned Counsel submitted that it is well-settled (Eisher Tractor case) 2000 (122) E.L.T. 321 (S.C.) that assessable value is the transaction value in regard to the goods under assessment and the same can be rejected .....

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..... sis for discarding the transaction between the importer and his supplier. In fact the circumstances only indicate that the transaction is fully commercial. Appellant is a regular importer of the material for the purpose of domestic manufacture. There is also a difference between the quantities under import. The difference in price is also not vast, so as to lead to the presumption that the transac .....

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