TMI Blog2023 (6) TMI 321X X X X Extracts X X X X X X X X Extracts X X X X ..... was done. Matter remanded back to the Commissioner (Appeals) to look into various aspects. Specially, the evidence of international market prices having come down during the relevant period. The date of entry will be relevant but also whether the re negotiated transaction value was correct and final in terms of re-negotiated contract, it is also to be seen whether same was in consonance with th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... during the period of delay. It was stated by him that the prices had come down by 10 to 15% in international market and also for this reason compensation was asked from the seller and the price of the vessel was reduced even though ship was delivered for inspection prior to 30 November, 2011. The reduction in re-negotiated price was of about 12%. The Learned CA took us to agreement at running P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ice, which was re-negotiated on 30.11.2011. 3. As against this, Learned AR pointed out that in the impugned order Learned Commissioner (Appeals) has correctly given finding that it is date of entry, which is relevant for valuation purposes and same position emerges from the decision of Larger Bench in the matter of M/s. Lucky Steel Industries Vs. Bhavnagar as reported at 2007 TIOL 2169 CESTAT ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t been specified nor any public or other document produced to prove assertion. The learned Counsel has also mentioned about delay in delivery and for production of inspection is one of the reason for change of agreed price by the vendor. However, the period of delay is also not coming out from the renegotiated price agreement. The Learned Commissioner (Appeals) has not examined various aspects of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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