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TMI Blog2009 (12) TMI 827X X X X Extracts X X X X X X X X Extracts X X X X ..... w and, therefore, the case was taken up by SIIB, for examination and investigation. The consignment was opened and found to contain 336 nos. of Pentium-II Mother Boards, and 336 nos. Mini Boards, CDs, manuals and cables with fittings. The Mini Boards known as Daughter Boards were not declared in the Bill of Entry. It was also noticed that the cotemporaneous import prices of Mother Boards of various models were in the range of USD 35-45 per piece and the selling price of the Daughter Boards alone range from USD 5-7 per piece. As a result, the declared price of the subject Mother Boards worked out to only USD 15-17 which was much lower than the contemporaneous import price of similar boards. During the course of investigation, the premises ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted without mentioning the model numbers and also stated that he was not aware of the actual price of the goods and that he had told the Bohra brothers to supply any material at the rate of USD 22/- per piece. He admitted that Mother Boards were sold by him in the domestic market at prices ranging from Rs. 2,500/- per piece to Rs. 4,400/- per piece and he also accepted that the prices of the Mother Boards varied with the models. Subsequently, the importers stated in writing that the value declared by them correctly reflected the transaction value as per Section 14 of the Customs Act, 1962 and there was no violation. Goods covered under Bill of Entry dated 8-7-1999 were released on execution of Provisional Duty Bond after enhancing the value ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of Entry were liable to confiscation under Section 111(m) for mis-declaration of value, redetermined unit price of goods covered by the 7 Bills of Entry as under :- Sl. No. B/E No. Date Description Qty. Re-determined Unit Price (US$) 1. 140310/29-5-99 Mother Board (ZX AT) 300 45.00 2. 138470/21-5-99 Mother Board (LX AT) 200 35.00 PPGA 200 4.70 3. 132080/21-4-99 Mother Board (LX 440) 300 35.00 4. 131484/19-4-99 Mother Board (ZX AT) 500 45.00 5. 131059/16-4-99 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat similar models were imported at much higher prices during the contemporaneous period; the prices of such items were fluctuating and were not constant during the period of import. The deemed value under Section 14(1) of the Customs Act, 1962 providing for value to be deemed to be the price at which such or like goods are ordinarily sold would therefore prevail, in the light of the apex court decision in Radhey Shyam Ratanlal v. Commissioner of Customs (Adjudication), Mumbai [2009 (238) E.L.T. 14 (S.C.)]. 3. The contention of the appellants that contemporaneous import prices cannot be adopted to value the goods in question as the goods are not comparable in terms of quantity and country of origin is also required to be rejected for the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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