9911796707
TMI Blog2023 (8) TMI 1158X X X X Extracts X X X X X X X X Extracts X X X X ..... goods - It is also found that the prices used for comparison are not of contemporaneous relevance. Thus, even if rule 10A of Customs Valuation (Determination of Price of Imported Goods) Rules, 1988 has been validly invoked, failure to follow through with eligible alternatives under Customs Valuation (Determination of Price of Imported Goods) Rules, 1988 stultifies recourse to section 28 of Customs Act, 1962 and other detriments. The impugned order set aside - appeal allowed. - HON BLE MR C J MATHEW, MEMBER (TECHNICAL) And HON BLE MR AJAY SHARMA, MEMBER (JUDICIAL) Shri O P Khanduja, Advocate for the appellant Shri S B Hatangadi, Assistant Commissioner (AR) for the respondent ORDER PER: C J MATHEW M/s Trinity ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oods imported by M/s Shashi Charu Hydraulics Ltd. It devolves on the customs authorities to evince in adjudication order that this price is in conformity with the cited provision in Customs Valuation (Determination of Price of Imported Goods) Rules, 1988. 3. Learned Counsel for appellant submits that the value at which goods were imported is the transaction value of the goods and that no evidence is on record to the contrary. According to him, the import price could not be compared with any other as post-supply negotiations had obtained favourable terms and that fax correspondence was no ground for not accepting the transaction value. It was further argued by him that the conformity of the relied upon imports with the prescription for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... means imported goods- (i) which although not alike in all respects, have like characteristics and like component materials which enable them to perform the same functions and to be commercially interchangeable with the goods being valued having regard to the quality, reputation and the existence of trade mark; (ii) produced in the country in which the goods being valued were produced; and (iii) produced by the same person who produced the goods being valued, or where no such goods are available, goods produced by a different person, but shall not include imported goods where engineering, development work, art work, design work, plan or sketch undertaken in India were completed directly or indirectly by the buyer on thes ..... X X X X Extracts X X X X X X X X Extracts X X X X
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