TMI Blog2007 (11) TMI 51X X X X Extracts X X X X X X X X Extracts X X X X ..... ce Enhancement by Comm.(A) is sustainable - C/1055/03 - A/2829/2007-WZB/AHD - Dated:- 20-11-2007 - Ms. Archana Wadhwa, Member (J) and Shri M. Veeraiyan, Member [Order per : Archana Wadhwa, Member (J)].- The dispute in the present appeal relates to valuation of Furnace Oil imported by the appellant from M/s FAL Oil Co. Ltd., Sharjah, whereas the appellant has declared the assessable value ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .00 per MT (U.S. Dollars twenty only). Similar price clause is mentioned in the letter of credit no. FLCDNR 12001 dtd. 10.1.2001 opened by the State Bank of Bikaner and Jaipur (DN Road Branch), Mumbai on behalf of the importer. The vessel MT FAL - XVIII carrying the said cargo arrived at Gujarat Adani Port Ltd., Mundra on 15.2.2001 and accordingly the shipping agent on behalf of the master of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g the cargo on board the vessel. Further, from the 'Voyage Memo' given by the master of the vessel MT FAL XVIII to the boarding officer on 15.2.2001 shows the different departure dates that the consignment was not loaded on the vessel on 7.1.2007 as shown in bills of lading submitted by the importer but the same is loaded alongwith the cargo of M/s Adani Exports Ltd., Ahmedabad and as the price cl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rmed by the Commissioner (Appeals). Hence, the present appeal. 4. We find that as per records of the ship, it become evident that the cargo was not loaded on 7.1.2001. As such, authorities below have rightly concluded that the date of bill of lading is questionable and price based on the same not correct worthy, inasmuch as comparable quantity of the identical goods supplied by the same suppl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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