9911796707
TMI Blog2003 (12) TMI 157X X X X Extracts X X X X X X X X Extracts X X X X ..... ls filed by M/s. D.R. Polymers Ltd., the issue involved relates to the enhancement of the assessable value of the plastic raw material imported by them. 2. Shri Prem Ranjan, learned Advocate, submitted that they had imported 34 MT Polyacetal K 300 and K 700 @ US $ 885 PMT; that they had also imported 102 MT high density polythelene @ US $ 500 PMT; that the Deputy Commissioner enhanced the value t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mporaneous import of similar goods relied upon by the Deputy Commissioner was for a lesser quantity that is 17 MT of Polyacetal whereas the Appellants had imported 34 MT and as such both the quantities are not on the same commercial level. He relied upon the decision of the Tribunal in the case of GSA (India) v. Commissioner of Customs [1998 (103) E.L.T. 541]. In the case of GSA (India), the quant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reiterated the finding as contained in both the impugned Orders. 4. We have considered the submissions of both the sides. As per provisions of Rule 3 of the Customs Valuation Rules, the value of imported goods shall be the transaction value. As per Rule 4, the transaction value of imported goods shall be the price actually paid or payable for the goods when sold for export to India, adjusted in a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d be at the same commercial level and in the substantially the same quantity as the goods being valued. As the contemporaneous imports are not on the same commercial level, the value thereof cannot be taken as the basis for determining the assessable value of the goods imported by the Appellants. We, therefore, allow both the Appeals of the Appellants with consequential relief, if any.
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