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TMI Blog2007 (4) TMI 413X X X X Extracts X X X X X X X X Extracts X X X X ..... hina. The impugned goods are admittedly components of TV Monitors and they bore no brand nor any specification was declared. The declared value was not found acceptable by comparing the same with the values of identical/similar goods and the value was determined at US $ 0.65 per piece. The appellants vide their letter dated 6-2-2004, as stated in the Order-in-Original dated 25-5-2004, agreed to the enhancement of the declared value and they also stated that they did not want any show cause notice or personal hearing in this regard. Subsequently, an Order dated 25-4-2004 was issued by the Deputy Commissioner to the appellants. The original authority has recorded the values with which the appellants declared value was compared and he has als ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rable to the goods imported in the month of December, 2003 on the basis of which the value has been re-determined. 4. Shri T. Hossain, learned Advocate appearing for the appellants challenges the Order passed by the lower authorities and argues for acceptance of the declared price. He also relies on the decision in the case of A.K. Jewellers v. Commissioner of Customs, Mumbai - 2003 (155) E.L.T. 585 (Tri.-LB) and states that when the prices are negotiated the declared price should not be rejected. 5. On the other hand, Shri P.K. Das, learned DR supports the impugned orders passed by the lower authorities and relies on the decision in the case of S.C. Shah Co. (India) v. Commissioner of Customs, Mumbai -2004 (178) E.L.T. 904 (Tri.-Mumb ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng the value of import are not bound by the figure mentioned in the invoice and can rely on contemporaneous evidence to show that the invoice value is not a correct value. We also find that the appellants have not disputed before the lower authorities the contemporaneous and comparable nature of the imports relied on. The learned D.R. is also correct in relying on the decision in the case of S.C. Shah Co. (India) (cited supra) which in turn relies on the Hon ble Supreme Court s decision in the case of Rajkumar Knitting Mills Pvt. Ltd. (cited supra) holding that contemporaneous price of similar goods is more authentic than the price shown in the contract. We also find that the lower authorities have determined that the price did not appear ..... X X X X Extracts X X X X X X X X Extracts X X X X
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