2008 (7) TMI 805

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... dent [Order per : Rakesh Kumar, Member (T)]. In this case the appellant imported a consignment of 18,416 kgs. of 120 Denier/30 FIL Bright Raw White on Cone, A Grade, KV Brand Viscose Rayon Filament yarn of Russian origin from M/s. Hagman Intertrade Ltd., British Virgin Islands @ US$ 1.84 kg. CIF Nava Sheva vide the supplier s invoice No. 0073A dt. 2-6-2004, For clearance of the goods, B .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... further processed for high glue, and are used for making high quality fabrics like saris, the jurisdictional Dy. Commissioner vide order-in-original dt. 17-3-2005 enhanced the assessable value to US $ 3.38 per kg. CIF. The appellant s appeal to Commissioner (Appeals) was dismissed vide order-in-Appeal dt. 8-6-2005. 2. Heard both the sides. 2.1 Shri L.P. Asthana, Advocate, ld. Counsel for the a .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... s whose value had been adopted, are not of the same grade and quality of the yarn and even the quantities are not comparable. 2.2 Shri R.C. Sankhla, ld. Departmental Representative pleaded that goods imported by the Appellant are similar to the contemporaneous of goods of Chinese origin goods whose value had been adopted, that the goods imported by the appellant are 120Denier/30FIL Bright Raw Wh .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... as under : 120Dn/30FIL Bright Raw White on Cone, A Grade, KV Brand Viscose Rayon Filament Yarn. In the accompanying certificate of quality , the yarn is mentioned as centrifugal implying that it is made by centrifugal process. The description of the goods of Chinese origin whose value has been adopted is - continuous spinning Viscose Rayon Filament Yarn 120D/30F A Grade even high glu .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... se goods. 4. Other than the contemporaneous import of 120D/30F A Grade even high glue Viscose Rayon Filament Yarn of Chinese origin at US $ 3.38 per kg. CIF, which as discussed above, is different from the goods imported by the Appellant, there is no other evidence of under invoicing. The impugned order is, therefore, not sustainable and the same is set aside. The appeal is allowed. - - Tax .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X