2019 (8) TMI 96

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..... AMESH NAIR The issue involved in the present case is that whether the goods namely "Base Oil SN-500" imported by the appellant from Iran should be valued at declared price of US $ 400 PMT as against the departments claim of US $ 450 PMT as per NIDB data. 2. Sh. Amal Dave, Ld. Counsel appearing on behalf of the appellant submits that the contemporaneous bill of entry relied upon by the Revenue is .....

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..... Tri.-Del.) Whereby, he submits for applying the NIDB data, quantity and quality should be same. 3. Sh. S.K. Shukla, Ld. Superintendent (AR) appearing on behalf of the Revenue reiterates the finding of the impugned order. He also placed reliance on the following judgments: * Punjab Processors P Ltd-2003 (157) ELT 625 (SC) * S C Shah & Co (India)-2004 (178) ELT 904 (Tri-MUM) * Rajkumar Knitt .....

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..... in the Tribunal has held as under:- "13. A reading of Rule 5 makes it clear that in applying the said rule the transaction value of identical goods in sale at the same time and in a sale at the same commercial level and in substantially the same quantity should be taken. As pointed out earlier the quantity imported by the appellants and the quantity imported under the invoices cannot be said to .....

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