9911796707
TMI Blog2006 (2) TMI 532X X X X Extracts X X X X X X X X Extracts X X X X ..... nt. [Order per : S.L. Peeran, Member (J)]. The issue in both the appeals is common and hence they are taken up together for disposal as per law. The appellants had imported aluminium scrap and declared the assessable value at US $ 350 per Metric Tonne. The Original Authority proceeded to enhance the value to US $ 400 per Metric Tonne. The Department went in appeal for further enhancement ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 321. Further the Commissioner rejected their pleas and enhanced the value to US $ 800 per Metric Tonne based on the prices shown in The Economic Times and the Mineral and Metal Bulletin published from Bombay. 2. The learned Counsel submits that the Revenue cannot adopt a new enhanced price of US $ 800 per Metric Tonne without any basis and without any evidence of contemporaneous import and t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dgment rendered in the case of Eicher Tractors (supra). 3. The learned SDR filed written submissions on behalf of the Department and contended that the value of goods declared in the journals The Economic Times and in the Mineral Metal Bulletin should be accepted. 4. On a careful consideration, we notice that the goods viz., aluminium scrap were declared at US $ 350 per Metric Tonne. As ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assed the order in terms of the grounds made out in the show cause notice. Furthermore, the Revenue has relied on the information furnished by The Economic Times and Mineral and Metal Bulletin . The said evidence is not of contemporaneous in nature and such evidences have not been accepted by the Tribunal as reported in the case of Jindal Strips Ltd. (supra). In absence of any evidence of conte ..... X X X X Extracts X X X X X X X X Extracts X X X X
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