2003 (9) TMI 613

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.... per : Justice K.K. Usha, President]. - This appeal at the instance of the importer challenges the order dated 29-12-2000 passed by the Commissioner of Customs (Appeals), Chennai. Relevant facts are as follows : 2. M/s. Kopran Ltd., Mumbai placed an order for supply of Soda Ash from one M/s. Quingdas Soda Ash Industrial Co. Ltd., Chennai in the year 1997. The goods were originally shipped ....

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....eals) also took the view that the original price agreed upon in 1997 represented the correct transaction value. 3. The issue raised in the present appeal is whether the transaction value has to be taken as the price at which the goods were sold on high seas basis in 1998 or the price in 1997. It is not disputed that the price of soda ash has come down in the international market during the p....

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....erefore the price originally paid by M/s. Kopran Ltd. to the overseas supplier has to be taken as the transaction value. Even though the assessee had placed reliance on two decisions of the Tribunal, namely, Sanjay Chandiram v. CC - 1991 (52) E.L.T. 413 and Godavari Fertilisers & Chemicals Ltd. v. CC, Visakhapatnam - 1996 (81) E.L.T. 535 the Commissioner took the view that the ratio of those decis....

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....14 that it shall be the price for delivery at the time and place of importation. 5. The Commissioner (Appeals) was not justified in distinguishing the decision of the Tribunal in Godavari Fertilizers & Chemicals Ltd. (supra) the ratio in which was upheld by the Larger Bench in Eternit Everest Ltd. v. CC, Bombay - 2000 (119) E.L.T. 716. The ratio of the above decision was not based on the fac....