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2016 (11) TMI 1270 - CESTAT BANGALORE

2016 (11) TMI 1270 - CESTAT BANGALORE - TMI - Valuation - enhancement of value - Rule 6 of the Customs Valuation Rules, 1988 - Indonesia Copra Expeller Cake - The importer has totally imported 4000 MTs of Copra Expeller Cake. Out of this, quantity of 3000 tonnes have been imported at US $ 146 per MT whereas the balance 1000 MTs has been imported at a higher value of US $ 165 per MT. Revenue has enhanced the value of that portion of the imported cargo to the extent of 3000 MTs to US $ 165 per MT .....

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consignments had different prices and have been imported in the same vessel can be no valid reason for disregarding the transaction value. In any case, Revenue has not brought any other documentary evidence to say that the transaction value is to be doubted. The Hon’ble Supreme Court s decision in the case of EICHER TRACTORS LTD. Versus COMMISSIONER OF CUSTOMS, MUMBAI [2000 (11) TMI 139 - SUPREME COURT OF INDIA] support our stand. The impugned order cannot be sustained in the light of Section 1 .....

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peals against three Orders-in-Original dealing with three bills of entry have been disposed of. The appellant/importer filed bills of entry for clearance of 3000 Tonnes of Indonesia Copra Expeller Cake valued at US $ 146 per MT. As the value of the imported goods appeared to be low compared to contemporaneous import price, the value was enhanced to US $ 165 per MT under Rule 6 of the Customs Valuation Rules, 1988. Commissioner (A) in the impugned order upheld the enhancement of value. The same i .....

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ds, however, the agreed price for the additional 1000 MTs was US$ 165 per MT. Both supplies took place in the same vessel and arrived at Cochin Port. The importer filed three bills of entry covering the cargo sold at US $ 146 per MT and another two bills of entry covering the cargo sold at US $ 165 per MT. The customs authorities assessed all the consignments fixing the value at US $ 165 per MT. This has been challenged this on the following grounds: The price of US $ 146 per MT is the transacti .....

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ditional consideration has been paid to the foreign supplier. The higher price paid for the additional 1000 MT of cargo is on account of fluctuation of price in the international trade and is no reason for disregarding the genuine transaction value. They have placed reliance on the following case laws: (i) Eicher Tractors Ltd. vs. CC, Mumbai: 2000 (122) E.L.T. 321 (S.C.) (ii) Alfa Traders vs. CC, Cochin: 2007 (217) E.L.T. 437 (Tri.-Bang.) (iii) Final Order No. 20971-20972/2016 dated 7.10.2016 in .....

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