1997 (10) TMI 213

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..... acts are as follows : M/s. Deccan Polypacks Limited, the respondents imported 51 MTs of Polypropylene grade LYONDELL 31S3A at an invoice price of US $ 950 PMT CIF from M/s. Hagen & Miller, U.S.A. and presented B/E No. 1932, dated 3-4-1990 (IGM/Line 649/136) for its clearance. The indent for the said goods was placed on 20-12-1990. However, the said price was not found acceptable under Section 14( .....

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..... rong in terms of the Valuation Rules, 1988. This conclusion has been reached as the grade number in the impugned import was seen to be 31S3A whereas grade number of the contemporary imports at higher prices as cited in the order was 3151A. Because of this difference in the respective grades, it has been concluded that there is no justification for comparing the same and therefore, the enhancement .....

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..... nvoice reflected negotiated price which should be accepted as assessable under Section 14(1) of Customs Act. 6. On a careful consideration and perusal of records, we see substance in the contentions of the Department. The following are the particulars of the two imports : Date of Indent Qty. Country of Origin Grade dated B/E Respondents 20-12-1990 51 MT USA 31S3A 3-4-1990&ems .....

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