2004 (6) TMI 448

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..... the Respondent. [Order per : C.N.B. Nair, Member (T)]. - The issue raised in these two appeals is the valuation of imported Ethylene-Di-Chloride (EDC). The Customs authorities rejected the transaction values of the appellants in regard to two imports and fixed higher values for the purpose of assessment to customs duty. In respect of import under Bill of Entry No. 14/2000-2001, dated 18-9-2000 .....

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..... the hearing of the case. ld. Counsel for the appellant took great pains to show how extreme is the swing in prices. With the help of a detailed chart, the appellant has shown that the price varied from 120 PMT in September, 1998 to 402 in December, 1999, to 450 in March, 2000, 460 in May, 2000 and again down to 195 in March, 2001 and 130 in September, 2001 and 410 in March, 2003. The appellants h .....

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..... y on the fact that another importer is importing at a higher price. It is well settled that this is not permissible. Contemporaneous transaction values can vary for different commercial reasons like quantity, when order is placed and many other factors. The lower authorities were, therefore, not justified in rejecting the appellant's transaction value and demanding duty on the goods based on a hig .....

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