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TMI Blog2002 (8) TMI 143X X X X Extracts X X X X X X X X Extracts X X X X ..... was made for adjournment on the ground that the counsel was not available. On perusal of the facts and on hearing the counsel, we are of the opinion that no prejudice will be caused to Wavin Indl. Ltd. if their appeal is taken up for disposal at this stage without the assistance of their counsel also. We proceed to do so. 3. During 1994-95, a number of imports of plastic raw materials were made by the present appellants. One of the appellants viz. M/s. Gujarat State Export Corporation were a Government of Gujarat Undertaking. They had entered into an agreement with M/s. Adani Exports Ltd., who are also the appellants before us in this group of cases for import of such raw materials. The agreement requires M/s. Adani Exports to inde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mis-declaration to take undue advantage of the DEEC scheme. Proposals were made for enhancement of valuation and also for imposition of penalty on the importers as also on the high seas sellers. 6. Subsequently, each noticee was sent a compilation of contemporaneous import price of similar/identical goods imported during that period. Although, the reason for sending this data was not apparent on the face of such communication, it would appear that they were in pursuance of the show cause notices issued. The appellants such as G.S.E.C.L. evidently took them to be so and filed their comments show cause notice-wise. In the comments they brought out the distinction between the circumstances of the imports. They distinguished the situati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t to HDPE(IG)and HDPE(FG). In the case of Hind Afghan (supra) it was held that price ranges in Financial Journals are not relevant as acceptable transaction values. Since PLATT's report is also merely a similar journal, the ratio of the said decision is applied." 10. We find that this judgment was followed by the Tribunal in subsequent orders also including that published in 2002 (139) E.L.T. 421 [CC, Chennai v. Deejay Plastics (P) Ltd.] 11. Shri Nankani referring to the publication pointed out that this publication gives indication of prevalent prices which are areas specific. Thus the price quoted was for East Asia, South East Asia etc. He pointed out that in terms of the Customs Valuation Rules, 1988, the value of the imp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Coimbatore v. Elgi Equipments Ltd. [2001 (128) E.L.T. 52]. 14. In his order, the ld. Commissioner also mentioned that the importers had failed to produce the manufacturer's invoice. Shri Nankani submits that the requirement in terms of Rule 10A to that effect was enacted only in February, 1998. 15. As we have observed above, the data as to contemporaneous imports did not form part of the notices. We further note that subsequently that data was supplied and was discussed by the Commissioner. In the replies, the importers had brought out the reason why the contemporaneous prices could not be adopted for valuation of the disputed consignments. The Commissioner in his order has not dealt with invocation of the contemporaneous p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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