TMI Blog2015 (12) TMI 404X X X X Extracts X X X X X X X X Extracts X X X X ..... le took place much later. The adjudicating authority did not consider this fact. At the same time, the Commissioner (Appeals) has clearly stated that on further inquiry in the Custom House, the contemporaneous imports in the months of July, August and October 2000 were found to be US$ 140, 125 & 115 PMT respectively. It is not established by the department in the grounds of appeal that such contemporaneous imports did not take place. In these circumstances, it is incorrect on the part of the adjudicating authority to ignore the actual contemporaneous prices in terms of Rule 4 (earlier Rule 5). The department has not been able to either establish existence of any circumstances as in Rule 3(2) [(earlier Rule 4(2)] nor did it consider the corr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are that the value of identical and similar goods of Dubai Origin were not noticed and the price was correctly determined on the basis of internationally published prices. Revenue relies upon Dynast Industries Vs. Collector of Customs (P) 1999 (113) ELT 524 (Tribunal) and Hon ble High Court of Gujarat judgment in the case of Ramchandra Art Silk Yarn Vs. Union of India 2002 (139) ELT 540 (Guj.) to support the view that the assessable value can be determined on prices of published Journals. 4. We have carefully considered the facts and submissions of both sides. 4.1. Shri K.D. Chugh, Karta of respondent stated that their letter dt. 17.7.2000 confirming acceptance of terms of supply by the supplier is a contract for supply before establi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e based on value of identical goods sold for export to India. The adjudicating authority based its decision on identical goods sold by the importer on high sea sale basis at US$ 165 PMT which is equal to the Platt price. We find that the contract between the supplier and importer was agreed upon in July 2000 whereas the said high sea sale took place much later. The adjudicating authority did not consider this fact. At the same time, the Commissioner (Appeals) has clearly stated that on further inquiry in the Custom House, the contemporaneous imports in the months of July, August and October 2000 were found to be US$ 140, 125 115 PMT respectively. It is not established by the department in the grounds of appeal that such contemporaneous ..... X X X X Extracts X X X X X X X X Extracts X X X X
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