2001 (5) TMI 98

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..... ia, the price was found to be US $ 890 (US $ 638.9 MT CIF for the quantity of 20 MT Zeolite) imported by M/s. Gem Holiday Resorts. The supplier of Singapore was M/s. Ebikken Aquaculture S.P. Ltd. It is stated in the Order-in-Original that verification of relevant invoices and analysis certificates relevant to the print out shows that this consignment also originated from Indonesia. Therefore, the Additional Commissioner revised the value rejecting the transaction value and fixing the price at US $ 550 per MT CIF after granting discount of 30% on the ground that since the invoice is not available for verification of the supplier, a discount to the extent of US $ 30 per MT is required to be granted. He has noted that this is because that the .....

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..... ation. Therefore, the law laid down by the Apex Court which was in consonance with earlier orders of the Supreme Court is required to be upheld. He submits that straightaway the transaction value cannot be rejected and the department cannot straightaway go to Rule 8 without exhausting other rules. He pointed out that the evidence of computer print out was never shown nor given to them. Even in terms of Order-in-Original, the computer print out supplies were from Indonesia who was a dealer and therefore, their price will be inclusive of his profit. While, in the present case, the import is directly from the manufacturers and as they have directly imported, their price is bound to be low. Therefore, there is no ground for rejecting the transa .....

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..... on value. The department has not proved their case to enhance the transaction value although there were some evidence of other imports of the item from the same country where the rates are high. There may be several factors governing the higher price in respect of supplies made from Indonesia as it was done by a supplier and not by the manufacturer. Therefore, the law laid down by the Apex Court in Eicher International supra clearly applies to the facts of this case. The transaction value cannot be challenged and in that view of the matter, the judgments cited by ld. DR of East Region Bench is clearly distinguishable for the purpose of grant of discount. As the department has failed to produce evidence of contemporaneous import from manufac .....

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