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TMI Blog2016 (1) TMI 323X X X X Extracts X X X X X X X X Extracts X X X X ..... not be taken up for assessment in respect of the aforesaid import. The respondent filed its reply, inter alia, stating that at the time of importation, the market price of the goods had drastically come down because of the downward movement in the prices of the imported soda ash light and the price at the time of the import, which was declared at USD 120 per MT, was on the basis of imports which were undertaken at that time. In support of this, the respondent also submitted certain documents. The Assistant Commissioner, however, did not accept the aforesaid plea of the respondent and passed Order-in-Original dated 27-8-1998 confirming the demand raised in the show cause notice. For this purpose, he invoked the provisions of Customs Valuati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essel was arrested on Jan 3rd 1998 they filed an application before the Singapore Supreme Court as innocent cargo owner seeking discharge of cargo to India. Finally the vessel was sold to a party in Singapore and material has been brought to Tuticorin in the same vessel rechristined as 'SAHAJ'. They further stated that, there has been a marked downward movement in the price of imported soda ash light and the current import are based on value of USD120-125 per MT C&F major port in India." 3. It is clear from the above that in the show cause notice itself, the Department had accepted the fact that there was slump in the international market insofar as import of soda ash light is concerned. However, we find that the mistake which was com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s shall be determined in accordance with the rules made in this behalf." 4. Sub-section (1A) makes it clear that resort to the Rules is subject to the provisions of sub-Section (1) of Section 14. As per sub-Section (1) of Section 14, the value of the goods which are imported are to be fixed at the price on which such or like goods are ordinarily sold or offered for sale. Further, the said valuation has to be done at the time of delivery and place of importation or exportation. Thus, we are of the view that in the present case, the provisions of sub-section (1) of Section 14 are clearly attracted and there was no necessity of invoking the rules. As mentioned above, in order to demonstrate the price at which these goods were ordinarily ..... X X X X Extracts X X X X X X X X Extracts X X X X
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