TMI Blog1997 (10) TMI 213X X X X Extracts X X X X X X X X Extracts X X X X ..... facts 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ong 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 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... toms Act, 1962 which is the deemed price at which such or like goods are ordinarily sold or offered for sale for delivery at the time and place of importation in the normal course of international trade. In this view of the matter, the impugned order is set aside and the appeal is allowed, restoring the order of the Assistant Collector of Customs. The cross objection also stands disposed of. - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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