9911796707
TMI Blog2007 (8) TMI 568X X X X Extracts X X X X X X X X Extracts X X X X ..... . Kang, C.N.B. Nair, JJ. REPRESENTED BY : S/Shri Balbir Singh Rupinder Singh, Advocates, for the Appellant. Shri A.K. Madan, SDR, for the Respondent. [Order per : C.N.B. Nair, Member (T)]. The appellant is a manufacturer of soap. It imports Palm Acid Oil for use in the said manufacture. 2. Nine consignments imported by the appellant during the period July to December, 2000 were provisionally assessed based on the purchase prices and released. Subsequently, for finalization of the provisional assessments, transaction values were rejected and it was ordered that these consignments shall be assessed at a uniform assessable value of 260 US $ PMT, even though purchase prices varied from 113.50 US $ to 170 US $. The consig ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... finding that the information relied upon by the appellant is not relevant when relied upon consignment of contemporary import is available. Present appeals are directed against orders to the above effect. 7. The contentions of the appellant in the present appeals are the same as the ones raised before the Commissioner. It is also the submission of the ld. Counsel for the appellant that it is well settled [2000 (122) E.L.T. 321 (S.C.) - Eicher Tractors Ltd. v. CC] that transaction values have to form the basis of assessment, except in the cases specifically mentioned in Rule 4(2) of Custom Valuation Rules. Reliance is also being placed on the judgment of the Hon'ble Supreme Court in the case of Basant Industries v. Addl. Collector of Cu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ermitted by Section 14 or Rules of Customs Valuation. That would be contrary to the market reality that prices varied from seller to seller and sale to sale. In the present case, there is no specific evidence on record which brings out that the transaction between the appellant importer and its foreign suppliers located in Malaysia and Indonesia had been influenced by any non-commercial considerations and that invoiced prices did not reflect or reveal the real transaction values. The legal position is clear that transaction value shall be accepted for valuation. In these facts and circumstances, we are of the opinion that transaction values were required to be accepted for assessments to Customs duty and the orders to the contrary are illeg ..... X X X X Extracts X X X X X X X X Extracts X X X X
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