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OSWAL FATS & OILS Versus COMMISSIONER OF CUSTOMS, AMRITSAR

2007 (8) TMI 568 - CESTAT, NEW DELHI

Valuation - Contemporaneous import - price variation clause - Palm Acid Oil - Held that: - In the present case, there is no specific evidence on record which brings out that the transaction between the appellant importer and its foreign suppliers located in Malaysia and Indonesia had been influenced by any non-commercial considerations and that invoiced prices did not reflect or reveal the real transaction values. The legal position is clear that transaction value shall be accepted for valuation .....

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provisionally assessed based on the purchase prices and released. Subsequently, for finalization of the provisional assessments, transaction values were rejected and it was ordered that these consignments shall be assessed at a uniform assessable value of 260 US $ PMT, even though purchase prices varied from 113.50 US $ to 170 US $. The consignments were also confiscated for the offence of misdeclaration of value [(Section 111 (m) of the Customs Act)] and penalties imposed [Section 112 (a)]. 3. .....

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purpose of assessment in terms of Rule 4 of Customs Valuation Rules. The appellant also tried to distinguish its imports by pointing out that specifications were different in the case of appellant s imports. It was the contention that appellant makes cheap quality laundry soap and the Palm Acid Oil used for that purpose is of inferior quality. 5. The appellant also had a case that the Revenue authorities cannot choose the highest rates noticed under the two afore-mentioned bills of entry, .....

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esent appeals are directed against orders to the above effect. 7. The contentions of the appellant in the present appeals are the same as the ones raised before the Commissioner. It is also the submission of the ld. Counsel for the appellant that it is well settled [2000 (122) E.L.T. 321 (S.C.) - Eicher Tractors Ltd. v. CC] that transaction values have to form the basis of assessment, except in the cases specifically mentioned in Rule 4(2) of Custom Valuation Rules. Reliance is also being p .....

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parable value of imported goods in appropriate cases. He would point out that the appellant s contention that its imports were of inferior variety Acid Palm Oil also is not acceptable since the compared imports were also of Palm Acid Oil, that too for soap making. 9. It is clear from the data on record that import prices varied vastly (between 260 US $ and 130 US $) during the period in question. According to the data presented by the appellant, price varied between 200 US $ and 113, 260 US .....

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