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Commissioner of Customs (Import) , Nhava Sheva Versus Alfa Textiles

2015 (12) TMI 404 - CESTAT MUMBAI

Rejection of transaction value under Section 14 - Provisional assessment - Held that:- Even if there was a doubt in terms of Rule 12, the Rule requires that the authority must be proceed sequentially through Rule 4 to 9. Rule 4 requires the transaction value to be 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 t .....

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temporaneous 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 correct contemporaneous imports. Reliance on judgments must be made in a proper context and not out of context. The judgments cited by Revenue do not s .....

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spondent ORDER Per : P.S. Pruthi This appeal is filed by Revenue against the Order-in-Appeal dt.5.8.2004 passed by the Commissioner (Appeals) Mumbai-II. 2. The facts are that the respondent imported Furnace Oil from a trader in Dubai declaring the CIF value of US$120PMT. The department assessed the goods provisionally under Section 18(1) of the Customs Act to US$ 165 PMT on the basis of Platt prices. The adjudicating authority finalized the prices at US$ 165 under Rule 5 of Customs Valuation Rul .....

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ies 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 s .....

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for 3000 Tons at US$ 131PMT but later the quantity was revised to 4000 MTs at the concessional rate of US$ 120PMT. We find that it is a commercial practice of reducing prices with increasing volumes. Therefore the amended price may be accepted as long as it is a genuine transaction price as per law. 5. Revenue has placed reliance on judgments which support determination of value on basis of international journals. In our view The judgments have been read out of context. The law for arriving at .....

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