2004 (9) TMI 212

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..... d this Appeal against Order-in-Appeal No. 1/2004, dated 30-1-2004 by which the Commissioner (Appeals) has upheld the enhancement of assessable value of the imported goods on the basis of PLATT price. 2. Shri J.M. Sharma, learned Consultant, submitted that the Appellants are importing recycled/reprocessed LDPE regularly at assessable value US $ 380 to US $ 390 Per MT; that during the period Febru .....

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..... umstances specified in Section 14(1) of the particular Act and particularized in Rule 4(2) of the Valuation Rules. He has relied upon the decision of the Supreme Court in the case of Eicher Tractor Ltd. v. CCE, Mumbai [2000 (122) E.L.T. 321 (S.C.)] wherein it has been held that unless the prices actually paid in the particular transaction falls within the exceptions mentioned in Rule 4(2) of the V .....

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..... PLATT price reports, as the same is not based on transactions but is a compilation of price ranges of various plastic materials. Reliance has also been placed on decisions in the case of Adani Exports Ltd. v. CC, Visakhapatnam [2000 (116) E.L.T. 715] and Jindal Strips Ltd. v. CC, New Delhi [2001 (133) E.L.T. 570 (Tri.)]. 3. Countering the argument, Shri S.M. Tata, learned Senior Departmental R .....

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..... Customs Valuation Rules provides certain exceptions on account of which transaction value shall not be accepted. There is nothing on record to show that the transaction value falls under any of the exceptions mentioned in Rule 4(2) of the Customs Valuation Rules. We also observe that Revenue has not adduced any evidence to prove contemporaneous import of the impugned goods. The Revenue has enhanc .....

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..... ely is a compilation of price ranges of various plastic materials Further these prices are region-wise and not country-wise and as such they do not represent the alternate transaction values. Accordingly, following the decisions relied upon by the learned Consultant, we hold that the transaction value is to be accepted as the assessable value for the purpose of assessing the Customs duty in this m .....

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