TMI Blog2006 (6) TMI 42X X X X Extracts X X X X X X X X Extracts X X X X ..... ss a common order. Two Private Limited Companies viz. M/s. Truwoods Private Limited and M/s. Maxworth Plywood Private Limited are the importers of Wood Veneers. Two orders have been issued in respect of M/s Truwoods Private Limited and one order for M/s Maxworth Plywood Private Limited. Penalties have been imposed on the Director of M/s Maxworth Plywood Private Limited and the Chief Executive of M/s. Truwoods Private Limited. Therefore, six appeals have been filed. 2. The appellants imported Wood Veneers. In respect of both the appellants, the period of import ranges from 1997 to 2000. Initially, the goods were cleared on payment of duty on the basis of the value declared by the appellants. These values are the invoice values forwarde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en conclusively decided by the Tribunal in the case of M/s Truwoods Private Ltd. Vs. CC, Visakhapatnam (cited supra). Similar investigations were initiated against M/s. Truwoods Pvt. Ltd., in respect of 'wood veneers' imported from the same supplier M/s. Pargan Singapore Pte. Ltd., Singapore. The enhancement of value was based on documents obtained from the Italian/Spanish Customs The Tribunal, held that the export documents cannot be the basis for enhancing the transaction value when contemporaneous imports indicate that goods have been imported in and around at or about the same price at which the goods have been imported by the assessees. Further, the Tribunal has noted that the insurance covered for the transaction has not been disprove ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tock lot But the invoice of the Singapore dealer indicates that the goods were of second quality. The Tribunal, in the case of Diamond Minks Blanket Ltd. Vs. CC, New Delhi - 2005 (17) RLT 415 (CESTAT-Del.) = 2005 (190) ELT 148 (Tri.-Del.), has held that in the case of stock lots, the invoice value is to be accepted. (iv) It was urged that the value declared for insurance is the best reference to determine the intrinsic value of the goods imported. The following case-laws were relied on: a. Bureau Veritas Vs. CC, Mumbai - 2003 (156) ELT 688 (Tri. - Mumbai) Affirmed by the Supreme Court as reported in 2005 (66) RLT RLT 877 (SC)=2005 (98) ECC 834 (SC) b. Mirah Dekor, New Delhi Vs. CC, New Delhi -1988 (35) ELT 357 (T) c. Delh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Skies showing higher values than those declared by the appellant in the Bill of Entry. These documents are not reliable and cannot be the basis for alleging under-valuation as the same was not supplied to the appellants. In fact the appellants requested the department to supply those documents. The lower authority has not allowed the appellant to cross-examine the representative of M/s. MSAS Blue Skies. (viii) In. respect of M/s. Maxworth Plywood Pvt. Ltd., the demand relates to Bills of Entry dated.10.09.1997 and 28.10.1998. The corrigendum was issued on 31.12.2003. The corrigendum revised the demand of duty and in fact, enhances it by placing reliance on a fresh set of documents. Therefore; this is to be considered as a fresh Show Cau ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce to show that the value of contemporaneous imports in respect of other importers is more or less the same as those of the appellants. In these circumstances, we do not find any valid reason for enhancement of the Transaction Value. Further, the documents received from M/s. MSAS Blue Skies in respect of M/s. Maxworth Plywood Pvt. Ltd. has not been supplied to the appellants and the lower authority has not allowed the appellant to cross-examine the representatives of M/s. MSAS Blue Skies. This amounts to the denial of Principles of Natural justice. Moreover, in M/s. Maxworth Plywood case, the corrigendum, revising the demand of duty, was issued on 31.12.2003. In those circumstances, the period of limitation should be reckoned from 31.12.200 ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
