TaxTMI 
TaxTMI 
2002 (10) TMI 354
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....ed in this appeal as to whether the revenue is justified in enhancing the declared value of garlic under four bills of entry from US$ 400 MTs to US$ 565 MTs. The goods have been ordered to be confiscated and released on redemption fine of Rs. 4 lakhs with a penalty of Rs. 2 lakhs. 2. The appellant's contention is that the department has compared the value of the goods with a single Bill of Entry of 19-7-99 wherein the quantity was only 22 MTs as against the quantity of 1073 MTs imported by them. It is the contention of the appellant that there is no under valuation nor there is any evidence of remittances over and above the declared price. It is contended that as it is a bulk purchase they have been able to get the same at US $ 400 ....
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.... Mani submitted that the invoice price was not accepted as the declaration pertained to 'dried garlic' and therefore the rejection of valuation adopted in terms of Bill of Entry dated 19-7-99 wherein there is import from China at declared US$ 565 per MT has been rightly adopted by the department. He prays for confirmation of the order. 5. We have carefully considered the submissions and have perused the records. It is not in dispute that the appellants have imported in bulk a very huge quantity of 1078.30 MTs as compared to the Bill of Entry dated 19-7-99 by which the import was only to the extent of 22 MTs. The citations referred to before us clearly lay down that the comparable price should be with regard to an import of an contem....
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....egotiations, in such circumstances, the transaction value cannot be upheld. 7. Likewise, the Apex Court in the case of Mirah Exports Pvt. Ltd. (supra) also upheld the valuation on bulk purchase for negotiated price which granted 50 to 70% discount on list price. The Apex Court also noted that in the absence of any evidence of any special relationship between the exporter and the importer the invoice price is required to be accepted where the importer shows that the price is negotiated. 8. In the case of Spices Trading Corporation (supra) the Hon'ble Apex Court laid down that stray instances of import of higher value is not to be adopted totally ignoring other attending circumstances which also laid down that quantity importe....