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TMI Blog2011 (7) TMI 917X X X X Extracts X X X X X X X X Extracts X X X X ..... he Rule 5 of Customs Valuation Rules in such a situation the lowest value has to be taken for determination of the value of goods. In the present case the lowest value is less than the value declared by the Appellants - Appeals are allowed - C/571 , 541/2008 - C/334-335/2011-EX(PB) - Dated:- 6-7-2011 - S/Shri S.S. Kang, Mathew John, JJ. REPRESENTED BY : Shri S.K. Mathur, Advocate, for the Appellant. Shri K.K. Jaiswal, SDR, for the Respondent. [Order per : S.S. Kang, Vice-President]. Heard both sides. 2. Appellant filed these Appeals against common adjudication order No. 29/2008, dated 31-3-2008. 3. Briefly stated the facts of the case are that M/s. Sheel Chand Industries (hereinafter stated as importer) made import ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Show Cause Notice import from Malaysia and Sri Lanka origin respectively the price varies from US $ 170 per M.T. to US $ 450 per M.T. and as per Rule 5 of Customs Valuation :- Rule 5(3). In applying this rule, if more than one transaction value of identical goods is found, the lowest of such values shall be used to determine the value of imported goods 5. The contention is that as the lowest value is US $ 170 per M.T. in case of Palm Fatty Acid Distillate imported from Malaysia and US $ 200 per M.T. in the case of goods imported from Sri Lanka hence in this situation the declared price by the Appellant is much higher than the lowest price as per Annexure 3 4 of the Show Cause Notice. Hence the demand is not sustainable. 6. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... porter had misdeclared the goods by declaring the same as Mixed Fatty Acid. In respect of valuation we find that the Revenue has enhanced the value on the basis of imports made as mentioned in Annexures 3 4 of the Show Cause Notice. In these annexures the Palm Fatty Acid is imported at the lower price than declared by the importer. For example in annexure 3 the Palm Fatty Acid is imported at the price of US $ 170 per M.T. and in annexure 4 the goods were imported at US $ 200 per M.T. as stated above. As per the Rule 5 of Customs Valuation Rules in such a situation the lowest value has to be taken for determination of the value of goods. In the present case the lowest value is less than the value declared by the Appellants. There is no evi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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