2007 (3) TMI 139

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..... ealants and also import of adhesives and coating solutions from Essex. Essex had subsidiaries in France, Germany and Switzerland. Essex and its subsidiaries have since been taken over by M/s. Dow Chemicals International USA. 2. In the subject appeal the issue involved is valuation of raw materials and finished products imported by Anabond from Essex. Two rounds of litigations at the lower level had culminated in an Order-in-Appeal disposed by a remand order of the Tribunal. The impugned order has been passed in the proceedings initiated following the directions in the remand order. Following the remand order, the original authority had passed an order with the direction to finalise the provisional assessment of imports made by Anabond that .....

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..... f import that in respect of one raw material Vestolite E-7033, the invoice price of Essex was much higher compared to invoice price of the manufacturer from whom their joint venture partner also had sourced the material. It was on record that as per a certificate of Essex Anabond had furnished to the lower appellate authority, that the invoice price was their purchase price plus mark up. The lower appellate authority refused to accept their plea to treat the invoice price for supply of all raw materials by Essex as the related transaction value on the ground that the appellants had furnished the relevant details only as regards one of the 26 raw materials imported by them. They cited two instances where the original authority had in similar .....

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..... le with Jeffamine D-2000 which they had been importing at a unit price of US$5.11 from Essex. Ld. Consultant produced relevant Bills of Entry. He submitted that as a prudent importer, the appellants were trying to identify imports of the impugned raw materials by other persons in India from sources other than Essex and prayed that in view of the evidence in respect of Vestolite E-7033 and Jeffamine D-2000, their appeal to accept the invoice value for imports of all the raw materials may be accepted as the respective transaction value. Ld. SDR argued that the impugned order was passed in accordance with law and that the original order (SVB) operated till it was modified. 4. We have carefully considered the written and oral submissions made .....

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