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TMI Blog1995 (6) TMI 143X X X X Extracts X X X X X X X X Extracts X X X X ..... s were `Polymethyl Methacrylate as against the declared description `Methyl Acrylate Polymer . According to the test report dated 27-3-1986 received from Gujarat State Fertilizer Co. Ltd. the goods were of `Virgin origin and not `decomposed or `reprocessed as claimed by the importers. A search of the importers premises led to the recovery of some incriminating documents including sale notes Nos. MP-2-3489-3 for different date viz. 2-3-1985 and 12-4-1985. In the sale note dated 2-3-1985 the goods were described as Methyl Acrylate Polymer but in the sale note dated 12-4-1985 the goods were described as POLY METHYLM ACRYLATE DICOMPOSED MATERIAL, CLEARANCE SALE SINKOLITE P-MDP MOULDING GRADE . Import documents, namely, Invoice, Bill of Lading, Certificate of Origin and Letter of Credit referred only to the sale note MP-2-3489-3, dated 2-3-1985 and not the one dated 12-4-1985. Enquiries made with the Foreign Exchange Department, Dena Bank, Andheri, Bombay revealed that the bank had received only one sale note No. MP-2-3489-3, dated 2-3-1985 describing the goods as METHYL ACRYLATE POLYMER . On the basis of enquiries made by the Department the goods appeared to have been under-inv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e price of the goods imported by the appellants and price shown in the invoices relied upon by the appellants could not be the basis for valuation of the disputed goods since there was no evidence to indicate that the goods covered by the invoices relied upon were of the same grade as the goods imported by the appellants. He therefore ordered confiscation of the goods under Section 111(m) of the Customs Act, 1962. He however, gave the importers an option to redeem the goods on payment of fine of Rs. one lakh. He also imposed a penalty of three lakhs on the importers under Section 112(a) of the Customs Act, 1962. 2. Appearing on behalf of the appellants, Shri Pradeep Jain, ld. Advocate submitted that in the earlier order passed by the Tribunal, the charge of mis-declaration was upheld and while remanding the case for re-adjudication the Tribunal had directed the Collector to re-determine the value of the goods having regard to the appellants claim that during the relevant period there were three other imports of identical goods at unit price of US $ 728 PMT, US $ 710 PMT and US $ 710 PMT respectively. He submitted that the Collector s finding that the unit price of the imported go ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Company filed by the appellants also showed that the US $ 1475 PMT taken by the Collector as CIF value of the goods was unrealistic. He therefore pleaded that the impugned order determining the value of the imported goods for assessment purposes as US $ 1475 PMT may be set aside. 3. On behalf of the Revenue, Shri Satish Shah, JDR submitted that the invoices in respect of goods imported by M/s. Naresh Udyog, M/s. Varsha Industries and M/s. Graphic Arts on which reliance has been placed by the appellants were not in respect of Polymethyl Methacrylate Moulding MDP Grade. He contended that under these circumstances the Collector had correctly held that the invoices relied upon by the appellants were not in respect of like or comparable goods and hence the price indicated therein could not form the basis for determining the assessable value of the imported goods. He added that Polymethyl Methacrylate Moulding imported by M/s. Lumax Industries being of Shinkolite-P MDP Grade, the Collector s order determining the assessable value of the goods imported by the appellants on the basis of the invoice price of M/s. Lumax Industries was sustainable. He stated that the sale price of Polymethy ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Most widely used injection moulding compounds with medium heat distortion temperature. VP Suitable for both injection and extrusion with relatively higher heat distortion resistance than MDP along with good flow properties. VHP Maximum heat resistance with toughness especially suitable automobile tale lenses." 7. It is seen from the impugned order that the imported goods covered by Invoice No. QY-E-131681, dated 12-6-1985 issued by M/s. Kasei Shoji Co. Ltd. Japan were declared as Methyl Acrylate Polymer, Shinkolite-P, MDP. However, on test of the sample by the Custom House Laboratory they were found to be `Polymethyl Methacrylate . Search of the appellants premises resulted in seizure of certain documents which also confirmed that the goods were Polymethyl Acrylate Polymer of Shinkolite-P MDP Moulding Grade. For the determination of the value of the imported goods the Department has relied upon the price of contemporaneous imports at US $ 1475 PMT at which a consignment of 17 M. Tons of Shinkolite-P MDP of Japanese origin supplied by M/s. C. Itoh Co. Ltd. Japan vide their Invoice No. 131673, dated 12-6-1985 against Bill of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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