9911796707
TMI Blog2016 (10) TMI 518X X X X Extracts X X X X X X X X Extracts X X X X ..... s, 5 consignments were imported from M/s Brooks Trading Company, Dubai. The remaining 7 consignments were imported from M/s Ketan Trading Company, Singapore. The country of origin of the goods was shown as Madagascar/ Indonesia/Tanzania, as mentioned in the said table. The importer had declared a price of 2000 US $ PMT for 10 of the consignments and in one consignment the price was declared as US $ 2050 PMT. The data available with the Department showed that the price of cloves of country of origin as mentioned above and of grade specified was about US $ 3000 PMT during the relevant time. Therefore, the value was proposed to be enhanced to US $ 3000 PMT and the goods were provisionally assessed at the value declared and the goods were clear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order is to be set aside. 4. On the other hand, the learned AR supported the impugned order and submits that the spices board prices have to be taken into consideration which show that there is no CG3 grade, there was no grade of quality and NIDB data shows that the value of clove is US $ 3000 PMT. In that circumstances, the adjudicating authority has rightly rejected the transaction value. 5. Heard the parties and considered the submissions. On careful consideration of the submissions made by both sides, we find that the sole contention for rejecting the present value by the adjudicating authority is that as per NIDB data the price of the clove is US $ 3000 PMT. In that circular, it is not mentioned about the grade of clove. The appella ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the primary adjudicating authority that there is no grade caned CG-3 for cloves and that the grade has been mentioned to hoodwink to Revenue, we find that the appellants produced international Trade Centre (UNCTAD/WTO) Market Brief 2006 regarding market of clove in European Union wherein it is clearly stated that in the EU the most popular quality is CG-3 quality from Madagascar and Zanzibar. Obviously, the adjudicating authority has mis-guided himself into believing that there was no CG-3 grade cloves and so the appellants tried to hoodwink Revenue. It is also seen that the re-assessment has been done only on the ground of adopting the value of identical goods sold for export to India and imported at or about the same time as the goods be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot be supported by production of original contract or the invoice relating to procurement of cloves and even the exact country of origin of cloves was unknown. Thus, the facts of that case are materially different from those obtaining in the present case." With such observations, this Tribunal has set aside the order holding that the rejection of transaction value is not sustainable. 6. We find that the rejection of transaction value only on the basis of the prices circulated by the Directorate of Valuation/NIDB data, which was held by this Tribunal, is not correct. Therefore, relying on the decision of Umrao Singh Pawan Kumar (supra), we hold that the transaction value in the case in hand cannot be rejected. Consequently, the impugned o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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