1999 (7) TMI 621 - AT - Customs

Summary

Issues:
1. Assessment of value for two imported commodities - poly carobonate compound (Lexan) and modified ppo compounds with the trade name Noryl.
2. Dispute over the valuation of the imported goods based on different prices.
3. Comparison of prices between the respondent and other importers for the same commodities.
4. Consideration of factors influencing pricing, including quantity, exchange rate, and buyer-seller relationship.
5. Appeal against the Collector (Appeals) decision on the assessment of value for the imported goods.

Analysis:
1. The primary issue in this appeal before the Appellate Tribunal CEGAT, Mumbai was the assessment of the value for two imported commodities - poly carobonate compound (Lexan) and modified ppo compounds with the trade name Noryl. The dispute arose regarding the value for assessment of these goods imported by the appellant from M/s. General Electric Plastics, BV, Netherlands.

2. The second issue revolved around the valuation of the imported goods, specifically focusing on the prices at which the commodities were imported. The Department proposed a higher price for the goods, but the Collector (Appeals) found that other importers had imported the same commodity at a lower price, leading to the acceptance of the lower price as the assessable value.

3. Another crucial aspect of the judgment was the comparison of prices between the respondent and other importers for the same commodities. The Tribunal considered the consistency in pricing based on quantity and highlighted that the respondent was the largest single importer of one of the commodities during the period in question.

4. The analysis delved into the factors influencing pricing, such as quantity, exchange rate, and buyer-seller relationship. The Tribunal emphasized that prices are often negotiated between the buyer and seller, and the quantity purchased by the respondent justified a lower price. The buyer being a large-scale, regular buyer was also a significant factor in determining the pricing.

5. Lastly, the appeal challenged the Collector (Appeals) decision on the assessment of value for the imported goods. The Tribunal, after considering all the arguments and evidence presented, dismissed the appeal and upheld the finding of the Collector (Appeals) regarding the assessment of value for the imported commodities, poly carobonate compound (Lexan) and modified ppo compounds with the trade name Noryl.