9911796707
TMI Blog1998 (2) TMI 203X X X X Extracts X X X X X X X X Extracts X X X X ..... ect appeal from the Revenue is against the Order of the Commissioner (Appeals) accepting the invoice value at U.S. $ 885.00 per M.T. and rejecting the enhancement by the original authority to US $ 1,220.00 per M.T. in respect of HDPE Granules imported by the respondents. The case against the respondents at the original authority s level was based on evidences of import of identical goods of Japane ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... As this Custom House have accepted finally the lower value of $ 835 P.M.T. for HDPE 5000 S Grade imported by M/s. Mayur Plastic Products, as pointed out by the appellants as well as the value of $ 900 P.M.T. for identical goods imported by M/s. Asia Mercantile Corpn., the adjudicating authority cannot brush aside the evidences of lower value and determine the assessable value with reference to in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... goods imported by them, or the invoice is not a genuine document. Therefore, the invoice value in the present case cannot be ignored as the transaction value in the absence of evidence that the transaction value does not represent the fair value of the goods imported. 2. It is against the aforesaid Order that the Revenue has come in appeal. It has been urged in the Revenue s appeal that the low ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the invoice is not genuine and it does not show the real price as has been transacted between the importer and the foreign supplier; that something else has passed clandestinely between the importer and the foreign supplier. The transaction value can be discarded, in our view, for the reasons given in Rule 4 of the Customs (Valuation) Rules, 1988 and not otherwise. In the present case, we obser ..... X X X X Extracts X X X X X X X X Extracts X X X X
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