2004 (5) TMI 367

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..... dent. [Order per : C.N.B. Nair, Member (T)]. - Notification No. 45/94-Cus., dated 1-3-94 exempts goods specified therein "when imported into India for use in the Leather Industry" from so much of the duty of Customs which is in excess of 20%. Under the heading, "components, consumables and other items," the Notification exempts "insoles or midsoles and sheets therefor" at Sl. No. 3. The appella .....

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..... with regard to valuation is that the lower authorities were required to assess the goods based on the transaction value as reflected in the invoice. It is further being pointed out that the finding that the higher value adopted is based on contemporaneous import is not factually correct. It is being pointed out that the basis for the higher valuation was a proforma invoice dated 22-5-1996 purporte .....

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..... ld. Counsel for the appellants submitted that there is no prohibition in the notification for imports by traders. It is his contention that once the goods are according to the description in the notification, any party is at liberty to import at the concessional rate. He also pointed out that the finding about the material being used in footwear of other kind is not based on any evidence whatsoev .....

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..... ailable on record to cast any doubt on its representative character i.e. it is the price at which the transaction actually took place. In the present case, lower authorities have erroneously reached a finding that proforma invoice represented contemporaneous import price. The appellant's claim for the exemption is directly covered by the aforesaid decision of this Tribunal in the case of Sha Harak .....

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..... fication treats insoles or midsoles and sheets therefor as material usable only for the Leather Industry. Whatever be the case, the lower authorities were in error in holding that the goods in question could be used in other footwear of other materials, particularly when they had not collected any material which indicated such use. Therefore, the finding regarding denial of exemption was also enti .....

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