TMI Blog2018 (6) TMI 1023X X X X Extracts X X X X X X X X Extracts X X X X ..... to adopt that as the base for re-determination - Held that:- It cannot be lost sight of that the clearance was ordered to be held up on the basis of raw material prices in the said bulletin when the goods under import were manufactured products. The rationale for the comparatively low prices was claimed to lie in the supply contracts to which importers had drawn the attention of the assessing off ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ue of copper strips imported by M/s Andrew Telecommunications India Pvt Ltd against eight bills of entry nos. 106699/20.07.06, 106700/20.07.06, 106701/20.07.06, 106795/14.08.06, 106828/14.08.06, 106829/14.08.06, 106979/06.09.06 and 106980/06.09.06. The declared value in five of the consignments imported from M/s Andrew Corp, USA, ranged from US$5171 to US$5428 per metric ton while the other thre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the cost of copper metal, that adoption of London Metal Exchange price of copper had been agreed to by the importer and that recourse to computed value for assessment was in consequence of sequential application of the Rules notified under section 14 of Customs Act, 1962. 3. Learned Authorized Representative places reliance on the decision of the Tribunal in Commissioner of Central Customs, Mu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etal published in bulletin of the London Metal Exchange and the consent of the importer to adopt that as the base for re-determination. However, it cannot be lost sight of that the clearance was ordered to be held up on the basis of raw material prices in the said bulletin when the goods under import were manufactured products. The rationale for the comparatively low prices was claimed to lie in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... also not legally tenable. The failure to sequentially apply the Rules after consideration of the evidence of contemporaneous goods furnished by the importer renders the enhancement to be against the law. 7. Therefore, taking into account the facts and circumstances supra, we find no flaw in the reasoning adopted by the first appellate authority to set aside the enhancements. Accordingly, we dis ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
