TaxTMI 
TaxTMI 
2000 (4) TMI 695
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....nkani, except Wavin India Ltd., which was represented by H.L. Tiku, Advocate. 3. The duties in question have been demanded, and the penalties imposed on the finding of the Commissioner that the correct value of various plastic raw materials, such as low density polyethelene, made by the importers, who are the applicants before us, was not declared. The Commissioner has, in his order, applied the lowest of the values shown for the relevant time a publication referred to as Platt which, is also referred to as Platts Petrochemical Alerts. He has consequently enhanced the value of the goods imported, demanded duty and imposed penalties on the importers, and also upon the persons who sold these goods to such importers on the high seas. ....
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....Others - (1997) 5 SCC 772 and the Tribunal's decision in Lamps, Caps and Filaments Ltd. v. CC - 1987 (27) E.L.T. 93. He contends that the Tribunal's decision in CC v. Mukand Ltd. 1999 (107) E.L.T. 653 (T) = 1999 (33) RLT 437, which the Commissioner has relied upon in his order, will not help him because that decision related to prices in the bulletins published by the London Metal Exchange (LME for short). The Chennai Tribunal in Adani Exports Ltd. v. CC had made a distinction between the price in LME and the Platts report. He further explains that although the Commissioner cites values of contemporaneous imports in his order, these have been cited, not for the purpose of comparison with the imports made by the applicants, but to support it....
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....ommissioner has applied, for valuation, the prices of the goods cited as contemporaneous imports. The enhancement proposed in the notice, and confirmed by the Commissioner was to the level of the lowest price in the price range in the Platts report. Although the applicants had given to the department intimation of contemporaneous prices these were evidently not been relied upon by the Commissioner. One of the notices dated 30-5-1998 proposed enhancement of the price from US$ 450 to US$ 833 for imports made in September, 1994 and from US$ 525 to US$ 912 for imports made in October, 1994. Enhancement ordered is of what is proposed in the notice. Reference in paragraph 15 of the Commissioner's order to the price of contemporaneous imports is u....