2009 (6) TMI 275

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.... from South Africa and filed Bill of Entry No. 8067 dt. 14-6-02 by declaring the price as USD 690 PMT. During the same period, another importer M/s. Crescent International had imported the 70 MT of the same commodity at a price of USD 755 PMT vide Bill of Entry No. 8068 dt. 14-6-02. The respondent was asked to justify their price under Rule 10A of the Customs Valuation Rules, 1988 (hereinafter called the Rules) by a query memo. In reply, the respondent stated that they are manufacturers of Ink and import the said MIBK directly from the manufacture on a half yearly contract at USD 700 PMT (690 + 10 as interest for late payment, if any). Not satisfied with the reply, the department issued a Show Cause Notice calling the respondent to show cau....

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....rough the order of the appellate authority vide which he has taken note of the various precedent decisions on the issue, including Hon'ble Supreme Court's judgment in case of Eicher Tractors v. CCE, Mumbai - 2000 (122) E.L.T. 321 (S.C.). For better appreciation, we reproduce relevant paragraphs (Paras 7 and 9) of Commissioner (Appeals)'s order. "7. The provisions came for interpretation before the Courts and Tribunal in many cases. In the case of Auto Hardware Enterprises v. CC reported in 2003 (151) E.L.T. 330 (T), Living Media v. CC reported in 2002 (148) E.L.T. 442 (T), Venus Insulation Products v. CC reported in 2002 (143) E.L.T. 364 (Tri.-Del.) which was maintained by the Hon'ble Supreme Court as reported in 2003 (153) E.L.T. A 172 ....