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TMI Blog2013 (12) TMI 881X X X X Extracts X X X X X X X X Extracts X X X X ..... (11) TMI 384 - CESTAT, NEW DELHI] 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 - appellate authority has taken into consideration the import of ball bearings from the same country i.e. China by other importers, assessed to duty at the rate of US $ 1.60 per kg. When the large majority of the importers were conforming to such norms, there is no special reason to adopt a lower value for the imports made by the appellant - Decided against assessee. X X X X Extracts X X X X X X X X Extracts X X X X ..... oms (Imports) 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, and hence the value declared by the importer is required to be accepted. 3. Countering the arguments, learned DR has submitted that the Commissioner of Customs (Imports), New Customs House, Mumbai vide his letter dated 8-9-2005 issued guidelines for the valuation of ball and roller bearings. The said guidelines were issued after extensive study on the basis of inputs given by the various wings of the Department. As per the guidelines, it was proposed to assess ball bearings (unpopular Chinese brand) at the minimum cut off price ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng that the values indicated in the letter of Commissioner of Customs (Imports), 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) arrived by the Commissioner of Customs (Import), Mumbai after exhaustive and extensive study in collaboration with trade and other sources have got legal bearing on the assessment of ball bearing (unpopular brand Chinese origin) and hence the Bills of Entry in question were assessed by adopting value of USD 1.60 per kg. 5. Regarding importer's emphasis on accepting manufacturer's invoice in light of the judgment of Hon'ble Suprem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the goods in question are highly prone to under-valuation. Quite often ball bearings are invoiced at prices below the cost price of the raw materials. It is such facts that have been taken into account for issuing the impugned circular. 7. After considering the submissions made by both the sides, we find that admittedly the Commissioner of Customs (Imports), Mumbai has issued the guidelines for adopting the assessable value of the lesser known brand Chinese brand therein. Such guidelines have been issued after taking into account the average cost of material, wastage, manufacturing cost and other charges etc. The legality and veracity of such guidelines stand considered by the Tribunal in the case of Techno Marketing v. CC, Kolkata report ..... X X X X Extracts X X X X X X X X Extracts X X X X
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