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2001 (10) TMI 398

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..... 725 1.2 The above import was made against advanced licences duty free for trading purposes. The Revenue entertained doubts about the correctness of the price so declared by the appellant. Accordingly the appellants were asked to explain the lower value of the goods in question. The appellants vide their reply dt. 27-3-98 submitted that they purchased a lot mixed with various sizes and dimensions and that is how the price is on the lower side. In support of the correctness of the price they submitted the manufacturers' invoice dt. 24-11-97 raised by the Ukrainian manufacturer on the trader M/s. IVAX Ltd., London, with whom the appellant had entered into a contract for supply of the goods. They also relied upon the wholesale market pric .....

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..... rt of Russian origin made by M/s. Naveen Steel Corpn. against invoice dated 21-12-97. He submits that the said invoice was in respect of alloy steel bars/rods of specifications R-6 M5 showing the price as US dollars 2490 per M.T., He submits that the Commissioner has observed that the said specification R6M5 was equivalent to DINI-3343 i.e. the specification of the goods imported by the appellant. The contention of Shri Chowdhury is that apart from the fact that there is nothing on record to show that the said grade R6M5 was equivalent to their grade, the said invoice in any case, shows that the prices had come down within the last 8 to 10 months, when compared with the earlier invoice of 30-3-97 which showed the prices as 3230-38 US Dollar .....

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..... der for arriving at the above conclusion. The appellants' contention that their goods were having different sizes and as such the price was on the lower side has also not been dealt with. The appellants have produced the manufacturers' invoice in respect of their goods, the same have been rejected by the adjudicating authority by observing that the price indicated in this invoice appears to be doubtful. This rejection is based on the fact that there is no indication in the said invoice as to why the prices are so low when the goods are of same specification of Ukraine origin are priced at higher rate. He has also observed that the invoice does not indicate that the low prices are on account of some quality defect or on account of the fact t .....

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