9911796707
TMI Blog2014 (5) TMI 366X X X X Extracts X X X X X X X X Extracts X X X X ..... ah, Addl. Commr. (A.R.), for the Respondent. ORDER The appellants are in appeal against the impugned order wherein the value of the imported goods is enhanced as they have shown the exorbitant higher selling price as compared to the value shown in the Bill of Entry. 2. Heard both sides. 3. The brief facts of the case are that appellants imported 2 consignments - one is Tixosil 38 AB ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he adjudication order was appealed by the appellants before the Commissioner (Appeals) who has confirmed the adjudication order. Aggrieved by the same, the appellants are before us. 4. On behalf of the appellants it is contended that while considering the declared value, the valuing aspects were not considered by the adjudicating authority to determine the assessable value. For this purpose, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e considered then the cost comes to Rs.1,81,878 and these goods were sold at Rs. 2,75,000. Therefore, the profit on the cost price comes to 50% and on selling price it works to 34%. The adjudicating authority has considered that 20% of profit on the selling price is a normal profit in the competitive market presently. Therefore in the case of Tixosil 38AB the profit of 19.5% on the selling price i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rs. 82,304. If we take the calculation sheet produced before us by the appellants, the cost comes to Rs. 83,321 which is appropriate if we consider that the customs duty, local clearance, logistic cost, insurance are to be includible in the cost price of the appellants. Therefore, both the lower authorities have erred in determining the assessable at Rs. 82,304/-. In fact, they had to determine wh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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