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M/s Intellect Components Co. Versus Commissioner of Customs, NCH, Mumbai

2016 (9) TMI 1228 - CESTAT MUMBAI

Rejection of declared value - Regrind ABS 20% Glass filled - Rule 10A under the Customs Valuation Rules, 1988 - Notification No. 10/98-Cus (NT) dated 19.2.1998 allowed rejection of transaction value in certain circumstances - discount of 35% over the 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, ca .....

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M.V. Ravindran, Member (Judicial) And Shri Raju, Member (Technical) Shri Anil Balani, Advocate for the Appellant Shri Ahibaran, Addl. Commissioner (AR) for the Respondent ORDER Per Raju M/s Intellect Components Co. (ICC) imported Regrind ABS 20% Glass filled and declared invoice price of US $ 465 Per Metric Ton (PMT) against purchase order dated 8.12.1999. The lower authority rejected the declared value on the ground that the PLATT s price of ABS at the material time was US $ 940 PMT. He furthe .....

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observations: - After hearing both sides and considering that the issue involved is valuation of the same goods by the same importers, for the subsequent period covered vide Order-in-Original No. 57/99 MCH dated 25.2.1999, the Commissioner (Appeals) order has become final and the issue is applicability of PLATT price and discounts to be given, this appeal of Revenue is allowed as remand to the Commissioner (Appeals) who should hear both sides and thereafter determine why the subsequent period o .....

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Court in the case of Eicher Tractors Ltd. Vs. Commissioner of Customs, Mumbai2000 (122) ELT 321 (SC). He also relied on the decision of Hon'ble Apex Court in the case of Punjab Processors Pvt. Ltd.2003 (157) ELT 625 (SC) and rejected the appeal. Aggrieved by the said order, the appellants are in appeal before this Tribunal. 2. Learned Counsel for the appellant argues that PLATT price is of prime quality ABS, whereas they have imported Regrind ABS 20% Glass filled . He argues that two items .....

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