2004 (7) TMI 486

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....ata, SDR, for the Respondent. [Order per : S.S. Kang, Member (J)]. -  The appellant filed this appeal against the Order-in-Appeal passed by the Commissioner (Appeals). The appellant made import of Butter Oil and declared the unit price of US$ 1100 per m.t. The value declared by the appellant was not accepted by the Customs Authorities and the same was enhanced to US$ 1560 per m.t. 2.....

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....C, Mumbai reported in 2000 (122) E.L.T. 321 (S.C.) = (2001) 1 Supreme Court Cases 315 and submitted that the higher price in regard to another import, though contemporaneous in time is no ground for rejecting the transaction value for the purpose of assessment of imported goods. It is to be seen whether the price in each transaction is a full and commercial price. The contention of the appellant i....

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.... US$ 1100 per m.t. which is based on market enquiries and also on the value of contemporary imports of the same goods by other importers, M/s. Nestle India Ltd. and M/s. Sterling Agro from the same country of origin. The rejection of the declared value is, therefore, justified." 5. The Commissioner (Appeals) relied upon the import made by M/s. Nestle India Ltd. on the ground that the impor....