1998 (1) TMI 203

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....i R.K. Roy, JDR, for the Respondent. [Order per : P.C. Jain, Member (T)]. -  Briefly stated, facts of the case are as follows : 1.1 The appellant herein imported SKF bearings bearing different parts number (in all 10 types) ranging in quantity from 20-500 for different part nos. They declared certain prices. Those prices were challenged by the Revenue and a show cause notice was....

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....by Mr. Hasmukh Kundalia, has urged that the price list relied upon by the adjudicating authority itself indicates that the discount of 20% allowed in the said letter dated 11-4-1989 is not a maximum discount. He draws attention the following para 4 of the said letter :- "When for reasons of competition discounts of more than 20% are necessary, the requests should be addressed to the Manufacturi....

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....e adjudicating authority has gone wrong in discarding the transaction value which could not be done by the Additional Collector of Customs except for reasons stated in Rule 4 of the Customs Valuation Rules. 3. Opposing the contention, ld. JDR, Shri R.K. Roy has reiterated the findings of the adjudicating authority which are essentially based on manufacturer's price list dated 11-4-1989 eff....

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.... Trading Pvt. Ltd. got the goods on prices lower than SKF list of prices minus 20%. It is also not surprising in view of the said letter dated 11-4-1989 that supplier of bearing of Shun Sing i.e. SLS bearing might have obtained the SKF bearing at a still further lower prices. The mere fact that the other Indian importer at the relevant time were importing smaller quantity of bearings directly from....