TMI Blog2005 (12) TMI 378X X X X Extracts X X X X X X X X Extracts X X X X ..... for the Respondent. [Order per : C.N.B. Nair, Member (T)]. - The appellant imported three consignments of copper scraps of BIRCH Varieties - two from Singapore and one from Israel, during the period November - December, 1998. The purchase price varied from US $ 1160 to US $ 1180 PMT. Customs authorities accepted the prices and assessed the goods to duty and allowed their clearances. Sub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... peal before the Commissioner (Appeals). In the appeal, the appellant took a specific plea that their values were comparable to the values of other imports. They referred to four Bills of Entry in this regard where the assessments were around US $ 1140 to US $ 1200. All the same, the Commissioner (Appeals) held against the appellant, with the observation that the Deputy Commissioner had at the time ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that imports were taking place at varying prices. There was no evidence brought on record by the revenue which is indicative of any suppression of price in appellant's transactions. In a situation of fluctuating prices, there was no justification to pick and choose one price for the assessment of the goods. The law specifically stipulates acceptance of transaction value which is not vitiated by n ..... X X X X Extracts X X X X X X X X Extracts X X X X
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