2000 (11) TMI 399

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....ev Srivastava, JDR, for the Respondents. [Order per : Justice K. Sreedharan, President]. - Appellant placed orders for Twin Screw extruder from Japan. Four Extruders were covered by different contracts. On the basis of those contracts proforma invoices were issued on 22-12-1999 and 2-2-2000. One extruder reached Bombay Port on 31-5-2000. Customs authorities in Bombay accepted the price shown....

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....t Japanese Yen 47,23,310. Contentions raised by them before the authority have been rightly summarised in the impugned order as follows : (i)      The invoice price is the negotiated price for the order of 4 machines. (ii)     The offer price on CIF basis and FOB basis are JP Yen 52,36,310 and JP Yen 47,23,310 respectively and as there was a diffe....

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....he value of imported goods." While considering the value shown in other Invoice/Bill of Entry, the Commissioner should have applied his mind to see whether that sale was also in the same commercial level and whether it was in relation to substantially the same quantity. This type of examination was not made by the Commissioner in this case. Nowhere in the order it is stated that the value of machi....

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....ven in the two invoices for ignoring the value shown in the disputed invoices. Without further material, Their Lordships observed that the Department was clearly in error in presuming undervaluation. A price which is offered by a foreign supplier to an old customer in India may be a different price compared to the price the same supplier may offer to a totally new customer. Likewise a foreign manu....