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Associated Cement Companies Ltd. Versus Commissioner of Customs (Imp) , Mumbai

2016 (11) TMI 301 - CESTAT MUMBAI

Valuation - Fused Magnesia - assessable value - Rule 10A - rejection of declared value - comparable goods imported from Vizag - Held that: - It is seen that the appellants have not pointed out the country of origin and the name of the supplier in the said cases of import at Vizag. In the absence of the same it cannot be said that they are comparable goods. In the case of contemporary imports pointed out by the Revenue it is seen that both the imports are from same supplier M/s.Possehl, Hong Kong .....

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sly low price can be rejected. In the instant case, the price declared was less than 40% of the contemporary import price and therefore, it was rightly rejected. Furthermore, the appellants have contested that what they have imported is of 97% purity and the purity of the contemporary imports has not been mentioned. It has been argued that the contemporary imports made have been of 97% purity. We find that the imports of appellant are of 97% purity and the purity in the case of the contemporary .....

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- Mr. Ramesh Nair, Member (Judicial) And Mr. Raju, Member (Technical) Written submission filed by the appellant Shri. SJ Sahu, Asst. Comm. (AR), for respondent ORDER Per Raju 1. The appellant, M/s.Associated Cement Co. Ltd. imported Fused Magnesia and declared the price of US $ 326 PMT. The invoice description was Fused Magnesia 97% (2:1) LC White . Contemporary import of identical goods was noted at price in excess of US $ 853.3 PMT. Thus applying Rule 10A the assessable value was enhanced fro .....

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ts at higher value did not indicate purity and could have been of higher purity. It was argued that the appellant had submitted two Bills of Entry of fused magnesia where a price of US $ 325 PMT and US $ 327 PMT was accepted for import through, Vizag port. It has been argued in the written submission that the adjudicating authority has not alleged any manipulation with regard to price and the adjudicating authority has failed to mention the clause of sub-rule 2 under which the transaction value .....

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the goods, however, the Collector resorted to very tenuous reasoning which we cannot uphold. At the same time, we must say that we do not approve of the findings of the Tribunal in this behalf, which we have referred to above. It may in a given case be necessary to value unbranded goods on the basis of the known price of branded goods and also the goods of one country of origin on the basis of the known price of the goods of another country of origin, but the linkage must be appreciable and prox .....

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