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2005 (5) TMI 677

..... the Respondent. ORDER Appellants are a company who had imported various brands of multimedia projectors and the Director of the Company. The present appeal relates to the consignment of EPSON Multimedia Projector EMP 7300 FM 7500 & EMP 7200 Models, in one, one & two pieces respectively, whose declared values have been impugned. The imports were from Singapore. The BE was assessed on 3-8-91 .....

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..... he models under import. 2.1 After hearing both sides and considering the materials it is found - (a) The import by C-DAC was with warranty while the present imports are without warranty. The supplier of the goods in Singapore vide their letter dated 14-12-99 have informed the department - (i) General Engineering & Spares is authorised dealer effective 1st June, 1998. (ii) There is no diff .....

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..... closed. (v) No other dealers in India for Multimedia Projects. Thus there are two class of buyers from Singapore supplier i.e. with warranty and without warranty; which explains the difference Warranty cost, if not incurred and charged by the shipper abroad cannot be added. It cannot be basis of comparison to imports made direct by third parties as in this case. (b) The quantity imported by a sole .....

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..... h reduction in prices due to discount called by various means when loaded with overseas sellers of liability of warranty are to be permitted in view of the explanation brought on record in the investigations by obtaining the clarification from the Singapore suppliers. That the present appellant were given the differential as their profit advantage and they have not been burdened with the warranty/ .....

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