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TMI Blog2002 (1) TMI 119X X X X Extracts X X X X X X X X Extracts X X X X ..... importers. However, the importers are warned that such leniency will not be shown in future if such misdeclaration of value is repeated." 2. The facts of the case in brief are that the appellants filed bill of entries for clearance of 36 varieties of bearings declaring different values according to the type of bearing. Scrutiny of import documents submitted by the importer revealed that the values declared were different when compared with the manufacturers' list prices available with the department. 3. The goods were examined under the first appraisement procedure and as per examination report the goods appeared to be 5-10 years old, but not used and not second-hand. According to the manufacturers' price list the value of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the time of clearance sales cannot be compared with the value of new goods in the normal course of sale; that the true meaning and purport of Rules 3, 4(1) and 4(2) of the Customs (Valuation) Rules, 1988 was not appreciated but also acted on the basis of manufacturers' price list as if a price list is invariably proof of transaction value in respect of a particular transaction. The ld. Counsel submits that similar issue came up before the Hon'ble Supreme Court in the case of Eicher Tractors Ltd., Haryana v. CC, Mumbai [2000 (122) E.L.T. 321 (S.C.) = AIR 2001 SC 196] where the Hon'ble Supreme Court held :- "21. In the case before us, it is not alleged that the appellant has misdeclared the price actually paid. Nor was there a misdes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by this decision of the Apex Court and therefore prayed that the appeal may be allowed. 6. Shri T.K. Kar, ld. SDR appearing for Revenue submits that the bearings no doubt were 5 or 10 years old, but they were not used or second-hand and therefore the authorities below have rightly enhanced the value of the imported bearings for purpose of computation of duty. He reiterates the findings of the Commissioner. 7. We have heard the rival submissions. We have also perused the case law cited and relied upon by the appellants. We note in the instant case that the admitted position is that the bearings were 5-10 years old and it was stock clearance sale whereunder to clear the stocks the manufacturers give very high discounts which a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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