TaxTMI 
TaxTMI 
1996 (8) TMI 254
X X X X Extracts X X X X
X X X X Extracts X X X X
....r the Respondents. [Order per : K. Sankararaman, Member (T)]. - Appellants imported a consignment of Arsenic Trioxide from China showing invoice price of US $ 305 PMT. The declared price was not accepted by the customs authorities who took note of the fact that there was another import of Arsenic Trioxide at a price of US $ 550 PMT. The goods were accordingly reassessed on the basis of highe....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ier has charged the price as shown in the invoice. He referred to other quotations from the same supplier in respect of higher grades of the same chemical, Arsenic Trioxide. Thus, the quotation dated 18th June, 1993 for Arsenic Trioxide of 99% to 99.5% refers to a price of US $ 380 PMT, while the same chemical of purity 99.5% and above commands a price of US $ 475 PMT. He pointed out that in the i....
X X X X Extracts X X X X
X X X X Extracts X X X X
....urity also. 3. Shri T.R. Malik, SDR stated in reply that if the Bench is so inclined the matter may be remanded to the Deputy Commissioner for de novo decision to take into account the submissions made by the appellants in their appeal and the instances of imports at other Ports. 4. We have taken note of the submissions. We find that the appellants have produced certain corresponde....
X X X X Extracts X X X X
X X X X Extracts X X X X
....mports which were effected in the middle of 1993 cannot be held to have been undervalued when the declared price was US $ 305 PMT. We, therefore, set aside the impugned order and allow the appeal. 5. At this stage, Learned Counsel makes a request that direction may be issued to the customs authorities to issue detention certificate. While we are not inclined to accede to the request for is....