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TMI Blog2017 (6) TMI 988X X X X Extracts X X X X X X X X Extracts X X X X ..... contemporaneous imports. The time, place, the relationship of parties as well as the quantity to be supplied are all factors which have influence on the price fixed in the contract. This being so, the enhancement is without basis. On identical set of facts, the Tribunal in the case of Pushpanjali Silks Pvt Ltd [2006 (3) TMI 515 - CESTAT, CHENNAI] has held that the transaction value cannot be enhanced merely basing on contemporaneous imports. The enhancement of transaction value is unjustified - appeal allowed - decided in favor of appellant. - C/156/2006, C/204 and 208/2006 - 41048-41050/2017 - Dated:- 20-6-2017 - Ms. Sulekha Beevi C.S., Member (Judicial) And Shri V. Padmanabhan, Member (Technical) Shri M.A. Mudimannan, Advoc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... along with interest. No penalties were imposed. Against this order appellant filed appeal before the Commissioner (Appeals) who reduced the enhancement of value to USD 17 per kg. Both assessee and department are thus before the Tribunal. 3. On behalf of the assesse/importer the Learned Counsel Shri M.A. Mudimannan submitted that assessee had submitted documents to show why and how the contract price was fixed as USD 15.25 per kg. The assessee had entered into a contract for supply of huge quantity and therefore was able to get discount. The documents relating to the contract was submitted and the department has not found any discrepancy in these documents. The value is enhanced for the mere reason that as per NIDB data, the contemporane ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ). Appeal No. C/204/2006 5. The facts in Appeal No. C/204/2006 filed by the department are also identical with the above appeals. The respondents in appeal C//204/2006 M/s. Kaveri Silks and Jute Pvt. Ltd. imported mulberry raw silk from China declaring the value as USD 15 per kg. The adjudicating authority had enhanced the value to USD 22 per kg and in appeal the Commissioner (Appeals) vide order impugned herein had reduced the enhancement to USD 17 per kg. The department has filed appeal against the reduction of the enhancement. The facts and evidences being identical, all the three appeals are together discussed as below:- 6. Heard both sides. 7. The value has been enhanced on the ground that contemporaneous imports ar ..... X X X X Extracts X X X X X X X X Extracts X X X X
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