TMI Blog2016 (9) TMI 1228X X X X Extracts X X X X X X X X Extracts X X X X ..... he PLATT price - Held that: - the declared value of Regrind ABS 20% Glass filled has been rejected for the reason that it is significantly different from the PLATT price of the ABS. The price of the two commodities, which is significantly different, cannot be compared in this manner. Only if ABS is imported at a price significantly different from the PLATT price then the question on the declared v ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the PLATT s price of ABS at the material time was US $ 940 PMT. He further granted a discount of 35% over the price of prime quality ABS and arrived at the assessable value of US 618 PMT. The matter was agitated by the appellant and had reached the Tribunal. Earlier in the appellant s own case, the Commissioner of Customs (Appeals) had vide Order-in-Appeal No. 57/1999 dated 25.2.1999 set aside ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion that at the time when the earlier Order-in-Appeal No. 57/99 dated 25.2.1999 was passed, there was no Rule 10A under the Customs Valuation Rules, 1988. The said Rule 10A was introduced by Notification No. 10/98-Cus (NT) dated 19.2.1998, which allowed rejection of transaction value in certain circumstances. The Commissioner (Appeals) relied on the decision of Hon'ble Apex Court in the case o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed value. He further argues that the discount of 35% over the PLATT price is an arbitrary discount and has no basis whatsoever. 3. Learned AR relies on the impugned order. He argues that the purchase order was placed for Regrind ABS 30% Glass filled , but the Bill of Entry was filed for Regrind ABS 20% Glass filled and when the goods were actually tested, the same were found to be Regrind ABS 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... value can be raised on the basis of PLATT price. In the instant case, the item imported i.e. Regrind ABS 20% Glass filled has very remote connection if at all with the PLATT price. In these circumstances, the rejection of declared value cannot be upheld. The impugned order is therefore set aside and the appeal is allowed. ( Operative portion of the order pronounced in Court ) - - TaxTMI - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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