9911796707
TMI Blog2009 (6) TMI 357X X X X Extracts X X X X X X X X Extracts X X X X ..... value was enhanced - Commissioner (Appeals) took into consideration the fact that during the relevant period, prices in the PLATT Bulletin were more or less equivalent to the prices during the time when the contract was entered into by the respondents, and hence respondents are entitled to benefit - The Revenue has not been able to rebut the findings arrived at by the Commissioner (Appeals) and ev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... value declared by M/s. Bhansali Engg. Polymers was US$ 900 per MT and the price declared by the other respondent M/s. C.J. Shah Co. was US$ 1010 per MT. The Revenue proceeded to enhance the value on the basis of some other contemporaneous importers and accordingly proceedings were initiated and the value was enhanced to US $ 947 per MT in the case of M/s. Bhansali Engg. Polymers and US$ 1330 Pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntry of original at substantially higher prices. It appears the appellant could not satisfy the adjudicating authority the variation in the prices. However, they have produced the following evidences to show that the invoice represented a correct transaction value. (i) Commercial Invoice No. 2008067-1 dated 27-5-2004 issued to the appellant mentioning the price as US$ 900 PMT as per indent numbe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -2004 for Styrene was 865-875 PMT CFR India. The appellant's invoice is dated 21-5-2004, which date has not been doubted by the department. In such circumstances, the charge of department that the price was not competitive or that there was some abnormal discount given only to the appellant is not sustainable. The doubt in the mind of the department regarding the truthfulness of the Transaction Va ..... X X X X Extracts X X X X X X X X Extracts X X X X
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