9911796707
TMI Blog1997 (9) TMI 281X X X X Extracts X X X X X X X X Extracts X X X X ..... e authority, based on a certificate of the suppliers that has been produced by the appellants, has allowed a quantity discount of 6.5% over the price at which the goods were invoiced in the other import. 2. The learned Advocate for the appellants has pleaded that the appellants have complied with all the requirements for acceptance of the transaction value in terms of Section 14(1) read with Rule 4 of the Valuation Rules. He has pleaded, unless in law the appellant s transaction value could be discarded, a resort could not be had to Rule 5 of the Valuation Rules. He has pleaded, in the present case the appellant s representative had negotiations abroad with the suppliers and, thereafter, an agreed price was arrived at and the goods were s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en Maxtor Corporation. U.S.A. and Wipro Information Technology Ltd., India and this is the rock bottom price based on bulk offtake and special payment terms etc. Wipro Information Technology Ltd., were the first and largest buyers of 380MB 760MB Drives for us in India and their offtake figures are also very large compared to other sporadic buyers who buy up to 5/20 drives per annum (whereas Wipro buys them in hundreds per order). We have therefore been supplying Maxtor Winchester Disk Drives to Wipro at extremely competitive prices, keeping very low margins for our operations, in view of standardisation by this one of the largest buyers in India. 4. He has pleaded that the price was a negotiated one and, therefore, should have been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that transaction value should be accepted unless, of course, it does not satisfy the parameters laid down under this rule. We observe that Rule 4 has to be read with provisions of Section 14(1) and what Section 14(1) states is that the price should be such at which the goods in the ordinary course of international trade can be imported at the price at the place of importation. For a price to be accepted, therefore, it has to be shown that this was the price which was obtained during the course of international trade. On the appellants own showing, the suppliers have an international price and they give various discounts for the considerations which have been set out in the certificate produced before us. No evidence has been produced that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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