TMI Blog2006 (9) TMI 314X X X X Extracts X X X X X X X X Extracts X X X X ..... th penalty of Rs. 1.00 lakh, while two others are aggrieved only against penalties of Rs. 25,000/- and Rs. 50,000/-respectively imposed. In the bunch of appeals C/893/01 to 896/01 filed by Milton Plastics Ltd, B.I. Vaghyani, Chairman of Milton Plastics Ltd, D.I. Gaghani and C.I. Vaghani, Directors of Milton Plastics, duty demand of Rs. 23,19,881/- and penalties have been imposed of Rs. 5.00 lakhs on the firm and Rs. 2.00 lakhs each on others. 3. The issue involved is valuation of goods imported and the issue being common, these appeals are being disposed of by this common order. 4. The appellants are regular importers of various plastic granules required for manufacture of plastic insulated products such as jugs, casserole etc. They hav ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment therefore appears to have accepted the value of US $ 830 PMT declared by the appellant in respect of 225 MT of polypropylene granules. However, in respect of balance 255 MT, the declared value was rejected at the time of assessment of Bill of Entry and was raised to US $ 855 per MT as per Order No. S/26-560/95-SIIB. 7. In this background, a Show Cause Notice dated 7-6-2000 was issued. The Notice sought to adopt the value at each import mode by M/s. Cello Plast and M/s. Win Plast, Daman. The details of their imports have been given in paras 12 and 13 of the Notice and the valuation was proposed to be enhanced to US$ 1059. Copies of Bills of Entry filed by M/s. Cello Plast and M/s. Win Plast, order dated 11-9-1995 passed by the Deputy ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Valuation Rules, 1988 for demanding duty based on import of similar goods, while the order confirms the duty by invoking Rule 8 of the Customs Valuation Rules, 1988. On this ground it can be held that the order had traversed beyond the Show Cause Notice. 10. Rule 6 will have no application in the present case, as the imports in the present case were from Belgium. The department relies on imports by two other importers who have imported the goods from Israel. The goods imported from different countries cannot be goods similar, as per Rule 6(b) and hence that provision cannot be invoked. Rule 6 applicable for similar goods for valuing goods under import. Transaction value is the price actually paid or payable for the goods. However, the val ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... action value in terms of Rule 4 which has to be accepted. There is no evidence or any other amount having been paid, thus the value proposed cannot be upheld. 13. We find that the plea of limitation raised by the appellant is also a valid plea in the present proceedings. The sole basis for demanding duty in the Notice is based on the imports of similar goods by others. In the present case, at the time of assessment, a major part of the consignment, transaction value has been accepted and for certain imports of lesser quantity, the declared value was rejected and the department applied itself and raised the value and the clearances were effected. The department once again now feels that the assessment arrived at by raising the values was n ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
