1999 (11) TMI 623

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....ming free import as per para-32 of Chapter V of EXIM Policy, 1992-97. The order impugned has upheld the Order-in-Original confiscating the said consignment for misdeclaration (undervaluation) of the value as well as for import without the cover of a valid import licence. However, the assessable value has been reduced to US$ 2.07 per set as against US$ 2.30 per set under Rule 8 of the Customs Valuation Rules, 1988 and the penalty reduced from Rs. 50,000/- to Rs. 40,000/-. The redemption fine in lieu of confiscation of Rs. 1,50,000/- imposed in the Order-in-Original has not been interferred with by the order impugned. 2. Heard Shri A.S. Sundar Rajan , ld. Advocate for appellants and Shri S. Sankaravadivelu, ld. DR. 3. Learned ....

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....n 1997 (96) E.L.T. 105 (T). He submits that Department has only relied upon a quotation but there is no evidence led to show that actual imports were made at the prices quoted therein. He therefore submits that the facts of this case are on all fours with the facts of the cases cited above. With respect to the question of necessity of valid import licence, ld. Advocate does not press this issue at this stage and leaves the order to the discretion of the Bench. 4. He also submits that in a similar import, the Calcutta Custom House has allowed 1960 pieces of lady shavers at US$ 0.55 per piece vide Bill of Entry No. 1570 and rotation number 1195, dated 4-4-1995 and that this constitutes imports at almost same prices as declared. 5.&....

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....neous imports at those prices from the same country of origin of same or similar items, therefore in view of the well established law in this regard, the declared transaction value cannot be discarded on the strength of such a quotation which has not been acted upon in terms of actual consignment being imported at those prices. We find that the matter is no longer res integra and the ratio of the decision in the cases of Kishandas & Sons (supra) and United Traders (India) (supra) is clearly applicable to the facts of this case. In both those decisions, it had been held that declared transaction value cannot be enhanced only on the basis of quotations in the absence of actual imports at those prices. In this case also, the Department relied ....