9911796707
TMI Blog2000 (11) TMI 399X X X X Extracts X X X X X X X X Extracts X X X X ..... . Sreedharan, President]. Appellant placed orders for Twin Screw extruder from Japan. Four Extruders were covered by different contracts. On the basis of those contracts proforma invoices were issued on 22-12-1999 and 2-2-2000. One extruder reached Bombay Port on 31-5-2000. Customs authorities in Bombay accepted the price shown in the invoice which was reflected in the Bill of Entry and clea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uthority have been rightly summarised in the impugned order as follows : (i) The invoice price is the negotiated price for the order of 4 machines. (ii) The offer price on CIF basis and FOB basis are JP Yen 52,36,310 and JP Yen 47,23,310 respectively and as there was a difference of JP Yen 5,13,000, they opted for price on FOB basis. (iii) While looking into contemporary imports, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee whether that sale was also in the same commercial level and whether it was in relation to substantially the same quantity. This type of examination was not made by the Commissioner in this case. Nowhere in the order it is stated that the value of machinery covered by the two invoices were fixed at the same commercial level; Nor has the Commissioner come to the conclusion that purchasers in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment was clearly in error in presuming undervaluation. A price which is offered by a foreign supplier to an old customer in India may be a different price compared to the price the same supplier may offer to a totally new customer. Likewise a foreign manufacturer may sell his product at a lower price to one who takes more quantity than the price realised by him from one who takes only one piece. A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ill of Entry, Redemption Fine of Rs. 5 Lacs and a penalty of Rs. 1 Lac imposed by the Commissioner and got the machinery released. In view of our finding recorded hereinabove, the Commissioner is directed to levy duty on the value shown in the Invoice, according to law, and refund the excess duty realized, redemption fine and penalty without any delay. Actual duty liability as stated above will be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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