9911796707
TMI Blog1998 (12) TMI 300X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellants had declared the value of polysar butyl 301 brand of butyl rubber at US $ 1950 per metric tonne. The Custom House has, going by the value, declared of import of identical goods from the same supplier to M/s. Goodyear India Ltd. increased the value to US $ 2077 per metric tonne. It was the importer s contention that the contract with Goodyear India under which the goods were supplied by Polysar International, was for supply of goods to the factory of this group all over the world. It is also urged that the prices to Goodyear India Ltd. included insurance coverage at 110% of the CIF value up to Vallabhgarh, the location of the buyer. The importer had asked for but was not given copy of the letter of credit and other documents r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a Ltd and the insurance cover to those goods remain. Further, the appellant had entered into contracts at the same time with M/s. Exxon Chemical International on other manufacturer, for supply of butyl rubber the same commodity at the same price US $ 1950 per metric tonne. In these circumstances, we are of the view that comparison with the single import by Good year India Ltd. as referred to above was not justified and that the ratio of the Tribunal decision holding that there is insufficient justification for enhancement of value. These two appeals are therefore allowed. 5. The other three appeals relate to orders placed on M/s. Exxon International in June and September, 1991 for material which was actually supplied some time from Novem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pply of the goods at the reduced price of US $ 1910 per metric tonne. It is not the department s contention that the negotiation was not as a result of normal business conduct. Clause 10 of the terms and conditions of the supply provided that the seller will give the buyer the benefit of any price decline at actual time of shipment. If, within the time frame of the contract for supply of goods, as a result of the conditions of the contract, the supply of the goods, their price is lowered as a result of subsequent happening of events, it cannot be said that this is a special price due extraneous to consideration other than commercial. The price was therefore a normal price. The ratio of the Supreme Court in Bharat Industries v. Additional Co ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
