9911796707
TMI Blog1983 (9) TMI 91X X X X Extracts X X X X X X X X Extracts X X X X ..... e petitioners were ultimately granted an import licence dated January 19, 1967 for $ 3,30,500/- (on devaluation basis) by the Joint Controller of Imports and Exports, Bombay. The petitioners, it is alleged, while negotiating with the representatives of the manufacturers, requested for the reduction in the price by 20 per cent. The manufacturer's representative agreed to the reduction and sent the manufacturer's acceptance as per their letter dated March 17, 1966 (Annexure B) reducing the price from U.S. $ 34,000 to U.S. $ 28,000. The contract for the purchase of the machine from U.S. $ 28,000 c.i.f. was approved by the Government of India, Ministry of Finance (Department of Economic Affairs) vide their letter dated October 28, 1966 (Annexur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d nothing to do with the tariff value to be determined under Section 14 of the Act and the tariff value was to be determined on the actual price at which the machine was sold. The respondents had not exercised the power in accordance with law but it had been exercised capriciously, arbitrarily, without reference to or nexus with the material and evidence and contrary to the rules governing the exercise of best judgment. The impugned orders were vitiated by total absence of evidence. There was no finding that the sale was not a genuine transaction or that the seller and buyer had any interest in each other or each other's business or that the petitioners had paid more than U.S. $ 28,000. The Government of India failed to consider the letter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ods shall be deemed to be - (a) the price at which such or like goods are ordinarily sold, or offered for sale, for delivery at the time and place of importation or exportation, as the case may be, in the course of international trade, where the seller and the buyer have no interest in the business of each other and the price is the sole consideration for the sale or offer for sale : Provided that in the case of imported goods, such price shall be calculated with reference to the rate of exchange as in force on the relevant date referred to in sub-section (1) of Section 15." "Rule 8. If the value of the imported goods cannot be properly determined under the foregoing provisions, the proper officer shall after taking into account all r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng to Webster's Third New International Dictionary, it means "in the ordinary course of events : usually, to the usual extent : moderately : in a common place... without distinction". According to the findings recorded by the authorities the reduction of 20 per cent was granted as a special case. The supplier in their letter dated November 11, 1967 has stated that this was the only order received by them from India and executed by them at that price-U.S. $ 28,000, and that in the case of new orders their ruling price was to apply. In other words they have recorded a finding that the usual price of this machine was U.S. $ 34,000 and that the price of U.S. $ 28,000 charged from the petitioners was by way of a special case or in other words a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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