2019 (7) TMI 1970

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..... is seen that the value declared by the appellant is to the range of 30% to the value of the contemporaneous import. It is seen that sub-rule 2 of rule 4 clearly prescribes the exception when the sale involves any abnormal discount or revision from ordinary competitive price. In the instant case it is seen that the sale involves almost 70% discount from the ordinary competitive price of contempora .....

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..... d in part.
HON'BLE MR. RAMESH NAIR, MEMBER (JUDICIAL) AND HON'BLE MR. RAJU, MEMBER (TECHNICAL) For the Appellant : Shri. S.J. Vyas (Adv.) For the Respondent : Shri. S.K. Shukla, Authorized representative ORDER RAJU This appeal has been filed by M/s Chintan Aluminum Pvt. Ltd. against order of Commissioner (Appeals) upholding revision of assessable value and consequent demand of Customs duty .....

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..... 2.1 Ld. Counsel pointed out that none of the exceptions laid down in Rule 4(2) of the Customs Valuation Rules, 1988 exist in the facts and circumstances of the case and hence the transaction value cannot be rejected. He argued that rejection of transaction value of relying on guidelines and LME prices are without authority. He further pointed out that the order in original has enhanced the value .....

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..... contemporaneous imports made at following rates. Sr. No BE No. Date Contemporaneous Import Value/ Assessed Value (USD/MT) 01 105502 22.05.2006 2045 02 106096 15.06.2006 1780 03 106404 28.06.2006 2045 4.1 It is seen that the value declared by the appellant is to the range of 30% to the value of the contemporaneous import. It is seen that sub-rule 2 of rule 4 clearly prescribes .....

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..... at Revenue has produced contemporaneous import data. Revenue has chosen to rely on value of the contemporaneous import and thus fixing of the assessable value at 1780 PMT in respect of bill of entry no. 105750 and 105752. Revision of value in these cases is upheld. Appeal is partly allowed in above terms. (Order pronounced in the open court on 16.07.2019)
Case laws, Decisions, Judgements, Ord .....

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