2004 (12) TMI 415

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..... supply of 51,000 MT. Whereas the appellant had declared the assessable value as invoice price of US $ 228 PMT, the Revenue has enhanced the same to US $ 288 PMT by relying upon the Standing Order 7493, dated 3-12-99, Platt s prices and contemporaneous imports. 2. As per facts on record, the appellant entered into a contract dated 25-2-2002 with M/s. IMX Port for National Trading Corporation, Canada for supply of 5,000 MT of plastic granules/powder floor sweepings at the rate of US $ 228 per M.T. The said contract was got registered by them with the Assistant Commissioner of Customs, Nhava Sheva under the cover of their letter dated 28-2-2002. On import of part consignment of the goods out of total contracted quantity, presentation samples .....

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..... Shri Vimlesh Kumar, ld. SDR. 5. Our attention has been drawn, by the ld. Advocate to the sales indent describing the goods as mix plastic granules/powder for a total quantity of 5,000 MT. It is the appellant s contention that the contract was not for any particular predominance of polymer but was for a mixed lot. Even the report of IIM, Mumbai has made it clear that the consignment is of granules of various polymers of different shape and size in the nature of floor sweepings. He clarifies that any two types of floor sweepings can never be held to be comparable and as such, reference can never be made to the contemporaneous imports. In fact, the lower authorities have themselves observed that since the composition of various ingredients .....

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..... ered with the Customs authorities much in advance. There is no evidence on record to show that such contracted price does not reflect the correct transaction value between the parties. As correctly argued by the ld. Advocate, the quantity and composition of floor sweepings would vary from source to source and in fact, supply from the same source can also vary from consignment to consignment resulting in predominance of one polymer over the other in one consignment and vice versa in other. In such a situation, any reference or reliance to contemporaneous imports is futile and irrelevant. Standing Order issued by the Board laying down guidelines to be adopted in reference to the Platt s prices does not have any legal backing when the Tribunal .....

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