1992 (1) TMI 225

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..... Maruthi, Member (J)]. The issue is whether the value of imported goods can be enhanced on the basis of proforma invoice. The appellants imported a consignment of 30 cases containing two for one twister valued at Rs. 20,68,362 CIF. They filed a bill of entry No. 2804/113 dtd. 12-3-1984, against their import licence No. 208/124 dtd. 30-8-1983. A show cause notice dtd. 4-5-1984 proposing to en .....

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..... e main contention of the appellants is that the price mentioned in the proforma invoice is not relevant for determining the assessable value. It is in the nature of quotations. Further in the absence of contemporary imports at higher value the price mentioned in the invoice should be accepted. The Department had not adduced any evidence of contemporary imports at higher value and clandestine remit .....

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..... ittance of foreign exchange. No evidence of mutality of interest between the seller and the buyer. In these circumstances there is no reason why the invoice price should not be accepted. The reasoning of the Collector is that the proforma invoice indicated higher price. The proforma invoice is in the nature of an offer and the Collector also gave a finding that it is in the nature of an offer and .....

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