TMI Blog2010 (4) TMI 360X X X X Extracts X X X X X X X X Extracts X X X X ..... aterial relied by revenue to enhance price. Held that- Tribunal order manifesting that details of any contemporaneous imports or any material indicating price notified by LME neither referred by adjudicating officer nor placed before Tribunal. Revenue not able to controvert Tribunal’s observation. No fault in Tribunal order setting aside additional demand. - 2559 of 2003 - - - Dated:- 22-4-2010 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd Copper Scrap as per ISRI grade "Honey" and Birth/Cliff" respectively. The Bills of Entry were assessed at the declared invoice value, viz., CIF US $ 1100 and US $ 1300 PMT respectively. After inspection, the goods were cleared on payment of customs duty assessed. 3. Subsequently, on the basis of the information received from the London Metal Exchange, (for short, "the LME") to the effect that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onfronted with any contemporaneous material relied upon by the revenue for enhancing the price declared by them in the bills of entry, the Tribunal has observed thus : "In the present case as mentioned above, even though there is a reference to contemporaneous import in the order passed by the Deputy commissioner no material regarding such import has been placed before us or made available by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nal was not justified in quashing the additional customs duty determined to be payable on the imports in question. 8. We are unable to persuade ourselves to agree with the learned counsel. It is manifest from the afore-extracted order of the Tribunal that no details of any contemporaneous imports or any other material indicating the price notified by the LME had either been referred to by the ad ..... X X X X Extracts X X X X X X X X Extracts X X X X
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