2000 (8) TMI 815 - AT - Customs

Summary

The Appellate Tribunal CEGAT, Kolkata ruled in favor of the importer regarding the price discrepancy between FOB and CIF values, based on the contract and commercial invoice. The Tribunal found that the total price charged by the foreign supplier should be considered as CIF, as shown in the invoice. The Tribunal also disagreed with the Commissioner's view on the foreign supplier's clarification, stating it was not an afterthought. Consequently, the Tribunal set aside the impugned order and allowed the appeal.