2000 (8) TMI 815

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... dent. [Order per : Archana Wadhwa Member (J)]. -  Shri B.N. Chattopadhyaya, learned Consultant appearing for the appellant(s) submits that originally there were three disputes before the Commissioner. The dispute as regards the cost of design and drawing and difference in the price have been accepted by the adjudicating authority. The only issue which survives for decision is as to whether .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... there is no justification for treating the price as FOB instead of CIF. 3. Shri R.K. Roy, learned JDR appearing for the Revenue submits that quotations were for FOB price. Their contract also shows the price of the individual machine as FOB. As such it is apparent and evident that CIF value shown at the end of the contract is not correct. 4. After hearing both sides, we agree with the .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... . Secondly, we find that commercial invoice has been raised by the foreign supplier showing the same value as US $ 436,500 as CIF, Calcutta, India. Revenue has not produced any evidence on record to show that commercial invoice showing the value as CIF is not correct. As such, commercial invoice read with the contract showing total value as CIF, we agree with the appellant that the value of the go .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X