9911796707
TMI Blog2000 (12) TMI 168X X X X Extracts X X X X X X X X Extracts X X X X ..... y for Ex-bond Clearance for home-consumption were subsequently filed by the appellants and the same were assessed provisionally. The assessable value was determined on the basis of the contracted price of US $ 1.30 per Kg., which was paid by the appellants. 2.After about a gap of two years from the assessment of the bill of entry, D.R.I. Officers on 16-4-1998 conducted a search at the office premises of the appellants. No incriminating documents were recovered from the said premises. The statements of the appellants' representatives were recorded. But nothing was mentioned about the imports which are the subject matter of the present appeal. On 17-4-1998, the appellant firm's Director, Shri B.K. Tekriwal was taken to their godown at Delhi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... per Kg. Penalty of Rs. 2.00 lakh was also imposed. 4.We have heard Shri S.K. Bagaria, learned Advocate for the appellants and Shri V.K. Chaturvedi, S.D.R. for the Revenue. 5.It has been strongly argued by the learned Advocate that there is nothing on record to discard the transaction value. The two instances relied upon by the Customs Authorities cannot be pressed into service inasmuch as in the imports made by M/s. Aar Vee Plastics, the transaction value was to the tune of US $ 1 per Kg., whereas the transaction value in their case is US $ 1.30 per Kg. The second was an unsigned and unaddressed price quotation which cannot take the place of evidence as per the settled law. He also submits that during the course of search of their premi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Customs Act - provisional assessment - deposits towards differential duty pending finalisation of the assessments - the bar of Section 27 would not apply. (iii) 2000 (117) E.L.T. 522 (T) = 1999 (32) RLT-195 (Alcatel Modi Networks Systems v. Commissioner of Customs) - Refund under Section 27 of the Customs Act - refund becoming due on finalisation of provisional assessment to be given suo motu - limitation under Section 27 not applicable. (iv) 2000 (36) RLT 796 (Eicher Motor Limited v. Commissioner of Customs) - Refund under Section 27 of the Customs Act - refund due on finalisation of provisional assessment not hit by time-bar prescribed in Section 27. 6.We fully agree with the submissions made by the learned Advocate. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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