9911796707
TMI Blog2003 (12) TMI 384X X X X Extracts X X X X X X X X Extracts X X X X ..... on behalf of the appellants. He stated that the appellants are exporters of shrimps. They filed shipping bill dated 28-5-1998 at Visakhapatnam port for export of a consignment of 850 cartons of peeled and undeveined (hereinafter referred to as PUD) red tiny shrimps to USA. The customs authority at Visakhapatnam port observed that the declared prices were lesser than the comparative recorded price of earlier exports through Visakhapatnam Port and also the prices of PUD shrimps reported in the price bulletin PRIME issued by Marine Products Export Development Authority (hereinafter referred to as MPEDA), Cochin. The appellants submitted a certificate from MPEDA, Bhubaneswar to the effect that the prices charged by the appellant for the impug ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 22 (Tri. - Chennai)]. The appellants were not informed about details regarding composition, quantity period of export, destination of export, etc. for taking the comparative prices of allegedly similar goods exported through Visakhapatnam port or Chennai port. The prices published in PRIME are indicative prices and cannot be the basis for enhancement of value. He relied on the following decisions : (1) Radha V. Company v. CC, Mumbai [2003 (156) E.L.T. 810 (Tri. - Mumbai)] (2) Prabhu Dayal Prem Chand v. CC, New Delhi [2003 (156) E.L.T. 922 (Tri. - Delhi)] (3) Gujarat State Export Corpn. Ltd. v. CC, Ahmedabad [2002 (145) E.L.T. 661 (Tri. - Mumbai)] (4) Adani Exports Ltd. v. CCE, Visakhapatnam [2000 (116) E. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reference to their value, the value of such goods shall be deemed to be the price at which such or like goods are ordinarily sold, or offered for sale, for delivery at the time and place of importation or exportation, as the case may be, in the course of international trade, where - (a) the seller and the buyer have no interest in the business of each other; or (b) one of them has no interest in the business of the other, and the price is the sole consideration for the sale or offer for sale : [Provided that such price shall be calculated with reference to the rate of exchange as in force on the date on which a bill of entry is presented under Section 46, or a shipping bill or bill of export, as the case may be, is presented ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ertificate dated 26-11-1998 produced by the appellants from M/s. MPEDA, Bhubaneswar that their prices of frozen, peeled and undeveined red tiny shrimps to M/s. Oriental Foods Inc., USA as per their invoice No. 123/1998-99, dated 20-11-1998 is reasonable, has been rejected by the Commissioner without any reasonable basis. According to this Section 14, when the buyer and seller has no interest in the business of each other or one of them has no interest in the business of other and price is the sole consideration for sale then it has to be accepted. Here, no evidence has been produced that the buyer and seller are interested in business of each other or one of them is interested in the business of other and price is not sole consideration for ..... X X X X Extracts X X X X X X X X Extracts X X X X
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