9911796707
TMI Blog2013 (11) TMI 38X X X X Extracts X X X X X X X X Extracts X X X X ..... of imports - No attempt has been made to collect data with regard to the prices declared for poppy seeds imported from various countries including Turkey and to compare the prices and arrive at a conclusion that the value declared in the present transaction cannot be accepted - In case the transaction value is rejected, then the department has to proceed sequentially through Rules 5 to 9 and determine the value in the course of international trade - Prices reported in journals/magazines and adoption of the same for the purpose of valuation is not one of the prescribed methods under Rule 5 to 9 and therefore they cannot be adopted or restored to. Prima facie the appellants have made out a strong case in their favour for grant of stay - Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aid cartel determines and controls the prices and therefore, the prices determined by cartel do not reflect the correct supply prices (ii) The Public Ledger publishes the prices of poppy seeds in international market including Turkey. For the periods involved in the present appeals, the said ledger indicated a price range of USD 2500 PMT to USD 4200 PMT in respect of white poppy seeds of 99.9% purity and the prices indicated in the Public Ledger is the correct indicator of prices in international market. The prices declared by the appellants are much lower than the prices declared in the Public Ledger and hence, the transaction value declared by the appellants cannot be accepted. On the above basis, the transaction value was rejected and an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f poppy seeds supplied to buyers in India. 4.3 Even if it is assumed that such a cartel exists, then the prices declared by the cartel ought to be on the higher side than what is indicated in the journals reflecting correct market prices because the purpose of cartel is to control the prices to the benefit of the suppliers. In the present case, the prices determined by the cartel is much lower than the prices for similar goods supplied in the international market and therefore, the theory of cartel proposed by the Revenue does not make any sense. 4.4 The Ld. Counsel also relies on the following decisions of in support of his contentions: i) CC (Export) Mumbai Vs. Radhey Shyam Ratanlal, reported in 2006 (202) ELT 500 (Tri-Mumbai) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder Rules 5 to 9. In the present case, even though the department disputes the value declared, they have not provided any basis or evidence for dispute except for a bland statement that there exists a cartel and the cartel determines the prices. There is no evidence to show that such a cartel exists, on the basis of any study conducted by any international/domestic agency dealing with international trade in spices/poppy seeds. In the absence of such a study, the allegation of the department remains a mere allegation without any basis and that cannot be the reason for enhancement of values. Secondly, no evidence has been adduced by the department to show that the values declared by the appellants are lower than the contemporaneous value of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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