9911796707
TMI Blog2008 (7) TMI 178X X X X Extracts X X X X X X X X Extracts X X X X ..... impugned order rejected the declared transaction value and loaded the same to U.S. $ 1,99,000 on the basis of the price of this machine mentioned in the supplier's price list accessed through internet and on this basis confirmed the duty demand of Rs. 9,24,236/- along with interest at the applicable rate, imposed penalty of equal amount and beside this, also ordered confiscation of the goods under Section 111(m) of Customs Act, 1962. Since the goods had already been released provisionally, a fine of Rupees Twenty Five Lakhs was imposed in lieu of confiscation. The point of dispute in this case is as to whether simply on the basis of the supplier's price list price for this machine, available on the supplier's web site, the declared transact ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... based slowly on the basis of the price declared in the supplier web site. 2.2 Ms. A.P. Tiwari, learned Jt. CDR pleaded that the importer is exclusive selling agent of the supplier in India and the discount from the price list price enjoyed by the appellant is abnormal and, therefore, the declared transaction value-cannot be accepted, that when the manufacturer's price list mentions the price of the model as U.S. $ 1,99,000, it is this price which must be adopted as the assessable value, and that in view of Tribunal judgments in cases of AMN India Ltd. v. Collector of Customs, Madras reported in 1999 (110) E.L.T. 1015 (Tribunal), and Bhatia Films Sales (P) Ltd. v. Collector of Customs, Mumbai reported in 2000 (123) E.L.T. 687 (Tribunal) th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tractors Ltd. (supra) has held that price list of the foreign supplier/manufacture is not a proof of transaction value invariably and existence of price list cannot be the sole reason to reject the transaction value, that a price list is really no more than a general quotation and it does not preclude discounts, which may be granted for a variety of reasons and that production of price list cannot discharge the onus cost in customs authorities to prove the existence of special circumstances indicated in Section 14(1) of the Customs Act, 1962 and particularised in Rule 4(2) of the Customs Valuation Rules, 1988. In this case, no evidence of contemporaneous imports of identical or similar goods in comparable quantities at higher prices or evi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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