TaxTMI 
TaxTMI 
TaxTMI 
1995 (12) TMI 134
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.... The Custom House, Madras, had received intelligence that assembled watch movements were being imported at that port in the guise of parts of watches. The consignment was examined and it was found that the consignment consisted of a large number of assembled watch movements as well as spare parts of watches which was contrary to the declaration. The department conducted enquiries regarding the value of such assembled watch movements and found that for such goods of chinese origin there were quotations of higher price received by M/s. H.C.L. The department also noted earlier imports of such parts through the Custom House of M/s. Saraswati Time Equipments, Madras. Considering this evidence, the Collector discarded the invoice value, applied R....
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....also produced the manufacturer's invoice to their suppliers which was also on the same basis which ought to have considered favourably. Apart from this, the appellants had produced a Bill of Entry from Calcutta Customs House wherein value of watch parts showing price by weight had been accepted and goods allowed clearance. The goods with which the Collector has compared valuation are really not comparable. The goods in the Saraswati Time Equipments invoice were superior parts with jewels. The quantity levels of the two imports also were non-comparable. Present import is of 2 lakh pieces of parts whereas Saraswati import was only about 4,000 pcs. Their invoices also do not indicate country of origin. The reliance placed on a quotation from a....
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.... of the Customs Act, 1962 and on the basis of data available in India. Section 14 provides that the value of the imported goods `shall be deemed to be the price at which such or like goods are ordinarily sold .... in the course of international trade ....' Therefore, in the present case, it will not be in order for the Collector to adopt the basis of the higher invoice price of Saraswati Time Equipments where the watch movements were sold at the rate per 1,000 pieces and not by weight as in the appellants' case, and to have not considered the Bill of Entry for similar import of watch parts purchased by weight whose value had been accepted by the Calcutta Customs, copy of the Bill of Entry of which had been produced by the appellants. This i....