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TMI Blog1996 (8) TMI 260X X X X Extracts X X X X X X X X Extracts X X X X ..... Metric Tonne for purposes of assessment of Customs duty as against the value of US $ 680 per Metric Tonne declared in the relevant invoices covering the consignment. While ordering so, the Collector had, however, held that the local indents and Sales Confirmation covering the imports were genuine. The charge of misdeclaration of value as well as the proposal for confiscation of goods and imposition of penalty contained in the show cause notice were dropped by him. Aggrieved with the order fixing the assessable value as above rejecting the invoice value, the appellants have filed these appeals. 2. Shri B.N. Rangwani, learned Consultant appeared for the appellants M/s. Supreme Plastics. He pleaded that the invoice prices were genuine. The g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that no other import had taken place against the said contract. There was also no evidence that there was a subsequent contract in June, 1987 against which the goods in question had been imported. It was hence contended by the learned Counsel that the imports were in fact against the April, 1987 contract only and the contracted price was genuine. The contract in question itself provided for a delivery time of about three [months] and the shipment was to be in July, 1987. The actual date of shipment was 15th August, 1987. On the score it is not justified to come to a conclusion that the import was not against that contract and that there must have been different contract entered into subsequently. All the reasons adduced by the Collector fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... roduces by the appellants as stated in Page 2 of the Collector s order. Shri Ali submitted that the Collector has granted a big concession to the appellants by fixing the assessable value at US $ 680 per Metric Tonne. The proposal in the show cause notice was to take the assessable value as $ 900 Metric Tonne which was the price noticed for contemporaneous import. He relied upon the Tribunal decision in Poonam Plastic Industries v. Collector of Customs reported in 1989 (39) E.L.T. 634. 5. Shri Sridharan, learned Counsel gave a brief rejoinder to the submissions made by the learned DR. He said that the statement referred to by him regarding the indent had been retracted by the concerned person. The Collector had given his finding on indent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ipment as experienced in the study of various orders. The supplier s prices do not reflect the ruling prices prevailing at the time of despatch. (6) No evidence is found to doubt the bona fide nature of the supplier s invoices. (7) The allegation of misdeclaration and under invoicing has not been established. From the Collector s findings, summarised above, it is seen that all the relevant documents, namely, the local indent the confirmation by the supplier and the supplier s invoices have been held to be genuine. All the allegations regarding their non-bona fide nature have been dropped. The finding, however, is that the supplier s confirmation of the order which is crucial for fixing the prevailing price which was dated 14-4-1987 di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the delivery period as July, 1987. Simply because the shipments took place in August, 1987, it cannot be held that such shipments did not relate to the April contract and a subsequent contract must have been entered into against which only the actual shipment took place. The charge of manipulation of documents has been dropped by the Collector. There is no appeal by the department to challenge that findings. If the April confirmation/contract was genuine as accepted by the Collector the question will be what happened to the same. It is not likely that such a contract was simply entered into and allowed to lapse without any import being made and the import which did take place was against a subsequent contract. The plea in this regard by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... related to the goods in question on the ground that the shipment was made only in the middle of August, 1987. Once the documents, local indent, supplier s order confirmation and the supplier s invoices have been held to be bona fide and genuine documents, the benefit arising from such a position cannot be denied to the imports on the ground that the said order/confirmation does not relate to the goods and that there must have been a subsequent contract and the price that prevailed at the time of such a subsequent contract must be adopted. The factors that weighed with the Collector for dropping the charge of misdeclaration of value will hold good for the acceptance of the invoice value for the purpose of assessment of duty also. The decisio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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