TMI Blog2007 (3) TMI 55X X X X Extracts X X X X X X X X Extracts X X X X ..... ejected the CIF value of US$ 3,55,000 declared in B/E No. 137078 dated 20-7-2000 for import by M/s. Suyog Extrusions of Plastic Extrusion process machine with 125 mm extruder and enhanced the cif value to US$ 8,00,000 under Rule 8 of the Customs Valuation (Determination of Price of Imported Goods) Rules, 1988 and determined the assessable value to Rs. 3,62,79,200/- and levied differential duty of Rs. 1,02,51,595/- on the goods, confiscated the goods with an option to redeem them on payment of fine of Rs. 50 lakhs and imposed penalties of Rs. 30 lakhs, Rs. 10 lakhs, Rs. 5 lakhs and Rs. 2 lakhs on the importer, its partner, M/s. FKI Extrusion (India) Pvt. Ltd. treating them as the agents/India Office of the Korean manufacturer/supplier and it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed in favour of M/s. Suyog Extrusions, that an invoice dated 25-12-95 issued to CIMMCO international for one set of 120 mm extruder machine was issued by M/s. Fong Kee Iron Works Co. Ltd. and that the description of the item in both the invoices were similar, that he did not know why there is a difference in the value. He also stated that the value shown in the invoice issued to M/s. Suyog Extrusions appeared to be on the lower side. Shri Darpan Jain's statement was recorded on 28- 8-2000, when he was asked, as to when the machines imported by him in July 2000 and by M/s. CIMMCO International in February, 1996, though identical, show difference in value, he inter alia stated that the machines were tailor made as per customer requirement and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch Fab Extrusion, New Delhi for machine with 120 mm extruder even though no import of the goods on the basis of the quotation has been shown to have actually taken place. In the case of Eicher Tractors Ltd . v. CC, Mumbai [2000 (122) E.L.T. 321 (S.C.), Adani Exports Ltd . v. CC, Visakhapatnam [2000 (116) E.L.T. 715] and Karan Vir Mehta [1998 (97) E.L.T. 42 (Ker.)], it has been laid down that the quotation/Proforma invoice being a tentative statement of the seller for sale of goods at the price mentioned therein, is not relevant evidence of sale price in the absence of actual import in pursuance of such a quotation. In the case of Eicher Tractors Ltd. cited supra, the Apex Court has clearly laid down the principles and the situation wh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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