TMI Blog2023 (9) TMI 1388X X X X Extracts X X X X X X X X Extracts X X X X ..... did not declare the imported goods as stock-lot. But later on, they produced a copy of a correspondence with the seller of the goods where it had been mentioned that the goods they wanted to import were stock losts. Now, from the study of the case and reply of the notice, it is observed that the notice imported the goods taking the opportunity of economic recession in European Countries which were making hectic efforts to sell their products at a reduced price with some conditions - the factor that worked behind the import of shoes at a uniform rate in this case irrespective of size and quality was only to get the benefit of stock clearance at a reduced sale price by the exporter who faced certain problems related to market economy. This is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rder justifying all his findings - there are no reason to interfere with the same - appeal dismissed. - HON BLE MR. R. MURALIDHAR, MEMBER (JUDICIAL) And HON BLE MR. RAJEEV TANDON, MEMBER (TECHNICAL) None for the Appellant Mr. S. Debnath, Authorized Representative for the Respondent ORDER PER R. MURALIDHAR: Inspite of notice, nobody is present on behalf of the Appellant. 2. It is seen from the records that in the past also on several occasions, the Appellant has not attended the hearings granted. This shows that the Appellant is not interested in pursuing their Appeal. However, in the interest of justice, we have taken up the matter for disposal and perused the documents on record with the help of Learne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ould have had to procure the same new footwear at higher prices depending upon varieties and qualities thereof. Thus, the factor that worked behind the import of shoes at a uniform rate in this case irrespective of size and quality was only to get the benefit of stock clearance at a reduced sale price by the exporter who faced certain problems related to market economy. This is not a case of sale of seconds or old goods. The notice also admitted in their written submission that they imported new footwear and also from the correspondence made by the importer with paolo Sanini Spol, the exporter, I do not find any mention that the footwear so imported as of second-hand quality. 4.8 Now, I come to the second point, i.e. country of origin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion value. Since the goods have been, as discussed before, not stock lots but new ones and are liable to be sold in India as new ones, therefore, I observe that the value shown in the B/E was not the real value of the imported goods but a very much reduced value and had no nexus with actual sale price of the goods. Therefore, transaction value in terms of Section 14 of the Customs Act, 1962 read with Rule 3(1) of CVR 07 was not applicable. Also, as the maximum quantity of goods were of Austrian origin and the value of similar or identical goods of Austrian origin was not available from known sources and also, as there was no market price of such goods available at Durgapur, i.e. the place of importation since such goods are not sold in the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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