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TMI Blog2011 (7) TMI 989X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of the assessable value at the rate of US $ 1.60 per kg cannot be faulted upon - Decided against the assessee X X X X Extracts X X X X X X X X Extracts X X X X ..... n the value as reflected in the invoice. The said value was arrived at by the importer on the basis of contract entered by them with the supplier of the goods. The Revenue has wrongly applied the value arrived at by the Commissioner of Customs (Import) vide his Circular No. S/26-757/97-VA, dated 12-12-2005. It is also the contention of the Learned Advocate that there is no evidence showing any additional payment to the supplier of the ball bearings, in which case, the value declared by the importer is required to be accepted. 5. Countering the arguments, learned DR has submitted that the Commissioner of Customs (Imports), New Customs House, Mumbai vide their letter dated 8-9-2005 (copy enclosed) issued guidelines for the valuation of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... TKD, New Delhi and Export Promotion Mumbai. The Hon'ble CESTAT, Northern Bench, New Delhi vide its Final Order No. 640/2003-NB(A) dated 1-11-2003 in the matter of M/s. Techno Marketing v. Commissioner of Customs, Kolkata reported at 2004 (164) E.L.T. 113 (Tri. - Delhi) has held the validity of such guidelines, issued by the Commissioner of Customs (Import), Mumbai in that case also in the case of import of loud speakers while accepting that the values indicated in the letter of Commissioner of Customs (Import), Mumbai have been arrived at after considering the prices observed in trade and as well as other sources. Deriving guidance from the above cited order of the Hon'ble CESTAT the prices of Ball Bearing (unpopular brand of Chinese origin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n v. Sujit Kumar Sarkar (AIR 1998 Calcutta 288). So following the ratio of the judgment of Hon'ble High Court of Calcutta cited supra, it was held that the decision of Hon'ble Supreme Court in case of M/s. Sai Impex cited supra is not applicable in the present case. In the case of M/s. Sai Impex, the issue before the Hon'ble Supreme Court was whether the manufacturer's invoice was genuine or not. Whereas in the instant case of M/s. Varun Overseas, the issue is that the imports from the manufacturer and the traders are at the same price as has been found by the worthy Commissioner (Appeals) while passing his order in appeal in question. Further, there are specific guidelines issued by the Commissioner of Customs (Imports), Mumbai stipulating ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sion in the case of Techno Marketing upholding the applicability of such guidelines, we are of the view that the adoption of the assessable value at the rate of US $ 1.60 per kg cannot be faulted upon. 10. In addition to the above, we also note that the appellate authority has taken into consideration the import of ball bearings from the same country i.e. China, assessed to duty at the rate of US $ 1.60 per kg. It stands observed by the appellate authority that the appellants have not been able to produce any other contemporaneous import to show that the value adopted by them is the correct value. As such, keeping in view the commodity like ball bearings and the guidelines issued by the Commissioner and the various other contemporaneo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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