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TMI Blog2024 (9) TMI 255X X X X Extracts X X X X X X X X Extracts X X X X ..... cheng, Jiangsu. From the chart it is seen that there was a brief period from August 2019 to April 2020 when the prices of the product sky rocketed however thereafter the prices cooled down. In this context, the explanation given by the appellant fits the data. The explanation given by the appellant is reasonable and therefore, the impugned order is set aside - Appeal allowed. - HON'BLE MEMBER (JUDICIAL), MR. RAMESH NAIR And HON'BLE MEMBER (TECHNICAL), MR. RAJU Shri Prashant Patankar, Consultant for the Appellant Shri R.R. Kurup, Superintendent (Authorised Representative) for the Respondent ORDER RAJU This appeal has been filed by M/s Lanxess (India) Private Limited against rejection of the declared transaction cost and redetermina ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er had ignored this explanation given in the certificate of the manufacturer s supplier wrongly. He pointed out that the original adjudicating authority had unfairly and without any reason discarded the said certificate solely for the reason that there were no supporting documents from any regulating / governing international price agency/ institute, weekly / quarterly Price Bulletins. He pointed out that the original adjudicating authority had not appreciated the certificate dated 14.09.2020 from the supplier specifically stating that the price of raw material OCBN dropped from RMB 110/KG (USD 15.70 PKG) to RMB 23 PKG (USD 3.29 PKG). The aforesaid evidence has not been examined in Order-in-Original or in Order-in-Appeal. The appellant subm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... BIT also dropped. The appellant had submitted a letter from their supplier in this regard. Consequently, the appellant have submitted the import data of same item subsequent to the impugned imports. The data indicates that the price of the said item has since decreased from USD 8.50 PKG to USD 7.23 PKG. Details of Imports between February 2018 to August 2020 Shipper Bill of Entry BoE date Qty Kg Unit Price USD/kg 1 Linva (Shanghai) 5037222 02.02.2018 8000 8.56 2 Linva (Shanghai) 6461919 21.05.2018 8000 8.56 3 Linva (Shanghai) 8207135 26.09.2018 8000 11.90 4 Linva (Shanghai) 8978056 24.11.2018 8000 11.90 5 Linva (Shanghai) 9413287 26.12.2018 8250 12.33 6 Linva (Shanghai) 2495847 20.03.2019 12000 12.33 7 Dalian Bio- Chem 4531602 17.08.2019 40 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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