TMI Blog1999 (2) TMI 133X X X X Extracts X X X X X X X X Extracts X X X X ..... ed in July, 1993 a consignment of 20 metric tonnes of manganese of 99.7% purity. The invoice for the consignment, and the Bill of Entry filed for its clearance indicated the value to be US $ 1,225 per metric tonne cif. The department had noticed import of the identical commodity by M/s. Duggar Fibre Pvt. Ltd. at US $ 1,355 per metric tonne as shown in the invoice dated 30th April, 1993 of the supp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rd the departmental representative and perused the papers. Respondent is absent. 3. There is a gap of three months between the importation under consideration and the importation, the value of which was sought to be applied by the department. Whether one importation is contemporaneous to another does not depend solely on the interval of the time between the two importations. It also depends upon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... price. The contention that the importer negotiated the price with the buyer and hence quoted lower rate may be true. The price under Section 14 is not a negotiated price but the deemed price prevailing in the general international market conditions of the supply and demand. In our view, the invoice of April, 1992 ought to have been accepted. 4. Accordingly appeal is allowed. Impugned order set a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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