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TMI Blog1987 (12) TMI 160X X X X Extracts X X X X X X X X Extracts X X X X ..... ndents. [Order per : K.L. Rekhi, Member (T)]. - A common issue is involved in these three appeals. They were, therefore, clubbed together, heard together-and hence this common order. 2. The appellants imported some leather tanning machinery from M/s. Investa, Czechoslovakia and M/s. Turner, U.K. for setting up a project in India. They had obtained a proforma invoice from Investa on 30-5-1975. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... argued that there was no mala-fides or out of the way dealings in their case. They had negotiated with M/s. Investa and M/s. Turner and both of them had agreed to adhere to the old prices quoted in the proforma invoices. The appellants stress that their dealings were fair and at arm's length and that is why the authorities have not chosen to take any penal action for confiscation of the goods 'or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of international trade......". According to this provision, the price has to have a nexus with the time of importation; it should also be the price charged ordinarily in the course of international trade. Thus, if a particular importer, may be because of bonafide efforts on his part, is able to negotiate an exceptionally low price, which is not available to other importers at the relevant time, su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onal trade during August/September, 1975. Their exceptionally low prices, thus, do not meet the test of Section 14 of the Customs Act, 1962. 5. We find further that the foreign supplier's own documents on record also show that prices of 1973 and 1974 were not firm prices. In the case of Turner, U.K., the proforma invoice stated that it was valid only for a period of six months. It further added : ..... X X X X Extracts X X X X X X X X Extracts X X X X
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