9911796707
TMI Blog2014 (1) TMI 1016X X X X Extracts X X X X X X X X Extracts X X X X ..... r the Appellant. Shri Amand Shah, Addl. Commissioner (A.R.), for the Respondent. ORDER The applicants are seeking waiver of pre-deposit of duty, interest and penalty confirmed against them and penalties on the co-noticees. 2. Brief facts of the case are that M/s. Rico Gems Corporation imported certain goods namely 'AB King Pro, 5 in 1 Air O Space Sofa, Slim-N-Lift (Female Shorts), Magic B ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns made by the applicants, the impugned order has been passed. 3. Shri J.C. Patel, learned Advocate appearing for the applicants submits that at the time of importation of goods the statement of applicants were recorded and no inculpatory statement were found. Moreover, no payment over and above transaction value has been paid by the appellant to the foreign supplier. He further submitted th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... further submitted that the statement of parties, on the basis of which the Revenue wants to load the value were recorded in 2006 itself and majority of the imports made by the applicants are thereafter. Therefore, at the time of clearance of the goods, the prices of other importers were available but the same has not been considered at the time of clearance of the goods. Therefore, they are havin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ontemporaneous imports then lower contemporaneous import price is to be taken. As in this case, at the time of import, the assessable value was determined on the basis of the contemporaneous import available at that time therefore, the lowest value of the contemporaneous import is to be the assessable value. 7. In these circumstances, the applicant has made out a case for 100% waiver of pre- ..... X X X X Extracts X X X X X X X X Extracts X X X X
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