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1998 (12) TMI 300

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....med by the Collector (Appeals). 2.  In the Appeals C/711 and C/712/93, the appellants had declared the value of polysar butyl 301 brand of butyl rubber at US $ 1950 per metric tonne. The Custom House has, going by the value, declared of import of identical goods from the same supplier to M/s. Goodyear India Ltd. increased the value to US $ 2077 per metric tonne. It was the importer's contention that the contract with Goodyear India under which the goods were supplied by Polysar International, was for supply of goods to the factory of this group all over the world. It is also urged that the prices to Goodyear India Ltd. included insurance coverage at 110% of the CIF value up to Vallabhgarh, the location of the buyer. The importer had....

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....ther distinguishing factors such as specification of the material supplied to Goodyear India Ltd and the insurance cover to those goods remain. Further, the appellant had entered into contracts at the same time with M/s. Exxon Chemical International on other manufacturer, for supply of butyl rubber the same commodity at the same price US $ 1950 per metric tonne. In these circumstances, we are of the view that comparison with the single import by Good year India Ltd. as referred to above was not justified and that the ratio of the Tribunal decision holding that there is insufficient justification for enhancement of value. These two appeals are therefore allowed. 5.  The other three appeals relate to orders placed on M/s. Exxon Intern....