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TMI Blog2024 (1) TMI 533X X X X Extracts X X X X X X X X Extracts X X X X ..... the matter of BASANT INDUSTRIES VERSUS ADDL. COLLECTOR OF CUSTOMS, BOMBAY [ 1995 (1) TMI 89 - SUPREME COURT] , a mere comparison of two invoices without anything more, it may not be correct to proceed on the premise that there is undervaluation. The relationship between the supplier and importer has also to be kept in mind because it is a matter of common knowledge that a price which is offered by a supplier to an old customer may be different from a price which the same supplier offers to a totally new customer. Similarly, as held by Apex court in the matter of Mirah Exports Pvt Ltd [ 1998 (2) TMI 124 - SUPREME COURT] in the business world, considerations of relationship with the customer are also a relevant factor and the price offered b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... authority vide Order-in-Original confirmed the demand of duty and aggrieved by the said order, appeal was filed before the Appellate authority who confirmed short levy of Rs. 5,56,198/- with interest as applicable. Aggrieved by this order, present appeal is filed. 2. When the appeal came up for hearing, counsel for the Appellant submits that they have imported more than 1000 containers per month across the country and payments are made through irrevocable letter of credit and that they have imported 5 FCL (85 MT) and also that a part shipment of part lot of 981 MT was supplied at Cochin and through other ports. The Learned Counsel for the Appellant also drew our attention to the copy of the sale contract dated 15.04.2008. Appellant had als ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Varsha Plastics Pvt Ltd Vs Union of India (2009 (235) E.L.T 193 (SC) IX. Sounds N Images Vs Collector of Customs (2000 (117) E.L.T 538 (SC) X. Gupta Exports Vs CC Chennai (2002 (146) E.L.T 361 (Tri. Chennai) XI. Spices Trading Corporation Vs CC Madras (1998 (104) E.L.T 665 (Tri. Mad) 3. Ld DR submits that both the imported goods are very similar nature and country of origin is also same. Moreover there is significant difference between the value of the goods and the on the value of contemporaneous import. Moreover import was directly from the manufacturer in Thailand whereas as the import made by the Appellant was from Singapore. Ld DR relied on judgment of this Tribunal in the matter of CC (Import Mumbai Vs Inox India Ltd (2009 (239) E.L ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the matter of Eicher Tractors Ltd (Supra), as per the Customs valuation Rule, a mandate has been cast on the authorities to accept the price actually paid or payable for the goods in respect of the goods under assessment as the transaction value. But the mandate is not invariable and is subject to certain exceptions specified in Rule 4(2). These exceptions are in expansion and explicatory of the special circumstances in Section 14(1) quoted earlier. It follows that unless the price actually paid for the particular transaction falls within the exceptions, the Customs authorities are bound to assess the duty on the transaction value. It is only when the transaction value under Rule 4 is rejected, then under Rule 3(ii) the value shall be de ..... X X X X Extracts X X X X X X X X Extracts X X X X
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