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TMI Blog2000 (11) TMI 554X X X X Extracts X X X X X X X X Extracts X X X X ..... nt. [Order per : Gowri Shankar, Member (T)]. Argument on this appeal were made yesterday and for want of time it was listed for dictation today. 2. M/s. Ashoka Engineers Pvt. Ltd. (hereinafter, Ashoka) imported two consignments of electrolytic nickel cathode in October, 1995 and filed on the 16th of that month bills of entry for their clearance. The bills of entry were assessed to duty ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issioner confirmed the view of the Department that it is the price in the first set of invoice that would form the basis assessable value. 3. Binani appealed this order to the Commissioner (Appeals). It was its contention that the assessable value should based on the price at which it purchased the goods. It contended alternatively that if the prices at which the goods were first sought to be so ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... This conclusion being challenged by the Commissioner. 5. The proviso under sub-section (1) of Section 14, and sub-section (1) of Section 15 provide, respectively, that the rate of exchange and the rate of duty to be applied is the one in force on the date on which the bill of entry is presented under Section 46 of the Act. Such a bill of entry is for clearance of goods for home consumption. Diff ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mporter. For the goods under consideration there were two importers. The first was Ashoka Ltd. and the second, Binani. Ashoka however, ceased to be the importer when the request for the amendment to the manifest, to have Binani as a consignee in place of Ashoka was granted, and the bill of entry filed by Binani accepted. Binani then became the importer. It is the rate of duty and rate of exchange ..... X X X X Extracts X X X X X X X X Extracts X X X X
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