9911796707
TMI Blog2008 (6) TMI 405X X X X Extracts X X X X X X X X Extracts X X X X ..... G. Chacko, Member (J)]. - After examining the records and hearing both sides, we note that the appellants had imported 200 MTs of what was declared as "semi-refined paraffin wax with 3 to 3.5% oil content" and had filed a Bill of Entry on 16-5-2008 for its clearance on payment of duty on declared value of over Rs. 57.9 lakhs (at the rate of US $ 700 per MT C&F). The Customs authorities foun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed to be 'contemporaneous import' of identical goods at Chennai Port relating to the month of February 2008. Two such imports were shown to have been made at unit price of US $ 772.65 and US $ 757.50 per MT. After rejecting this claim, the adjudicating authority determined the value of the goods at over Rs. 1.10 crores at the rate of US $ 1400 per MT C&F under Rule 5 of the Customs Valuation Rules ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... information as to the oil content of the standard goods is not even available from the impugned order. The learned Commissioner expressly ruled out the applicability of Rule 4 to the subject goods by saying that contemporaneous imports of identical fully refined paraffin wax having oil content of 0.7% have not taken place. We have heard the learned SDR also, who has laid stress on the aspect of mi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly, there will be waiver of pre-deposit and stay of recovery in respect of the adjudged dues. 3. The remaining application is for out-of-turn hearing and disposal of the appeal. This application states that the appellants are incurring heavy demurrage and detention charges on account of the continued detention of the goods. It also states that the goods is perishable and may deteriorate furt ..... X X X X Extracts X X X X X X X X Extracts X X X X
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