9911796707
TMI Blog1999 (7) TMI 626X X X X Extracts X X X X X X X X Extracts X X X X ..... Assistant Collector of Customs, made in S/26-Vol-273/91-II B and S/26-949/91-II B, dated 20-11-1991 and 29-10-1991 enhancing the value for purpose duty @ US $ 2077 per M.T. from US $ 1925/- CIF for 2 consignments and for third consignment from US $ 1950/MT. 2. Facts of the case were that the appellants were manufacturing automotive & other tyres from synthetic/natural rubber, for manufacturing the above goods they imported three consignments of Polyester Butyl -301 from Polyester International SA, Switzerland. 3 Oct. 91 Inv. No. 030-55611 1925 MT 42.896 30 Sept. 91 " " 030-55355 1925 MT 42.931 9 Sept. 91 " " 030-55209 1950 MT 42.916 The Assistant Collector by his Orders dated 20-11-1991 and 29-10-1991 had enhanced t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty also varies. Prices also vary from 1925 to 2110 US $. 4. It is contended by Dr. Kantawalla that the approach of the Collector under Rule 5 of the Customs Valuation (Determination of Price of Imported Goods) Rules is wrong inasmuch as he has ignored Rule 5(3) of the said Rules since he has failed to take note of the lowest of the value i.e. 1900 US $. He also stated further that for the purpose of valuation of imported items has to be made under Rule 3 (i) and sub-rule (ii) of Rule 3 that if valuation could not be determined then value should be determined by proceeding sequently Rule 4 to 8 of those Rules. The compared price of Goodyear cannot be made inasmuch as the quantity could not be compared with the quantity of the goods und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... exportation as the case may be in the course of international trade, where the seller and the buyer have the interest in the business of each other and the price is the sole consideration for sale or offer for sale. Thus even if certain goods have been purchased by an importer at a value, say, for the purpose of determining the assessable value, the Customs authorities would have to determine the price at which such or like goods are ordinarily sold or offered for sale at about the same time and at about the same place of importation in course of international trade. If such valuation is found determined by the proper officer at $ 200 per MT then for the purpose of assessable value under Section 14, the value would be treated as US $ 200 pe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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