2004 (7) TMI 550

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ri S.S. Bhagat, SDR, for the Respondent. [Order per : S.S. Sekhon, Member (T)]. - Heard both sides and considered the matter. It is found that - (a)     Proceedings were launched pursuant to an intelligence to the effect that 'Vinyl Sign Cutting Machines' were being imported by grossly undervaluing the same. Enquires were caused and notice were issued to the appellants....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....m the premises of M/s. Arrow Coated Products (P) Ltd., which were import BES for these machines and other goods effected by other firms. M/s. Arrow Coated (P) Ltd., were found to have imported 6 different models of Vinyl Cutting Machines. A copy of Price list of the supplier was also recovered. (d)     Statement of Shri Shilpan Palel, who was the Managing Director of M/s. Ar....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....nbsp;   -do- 4. 7919/ 9-6-1994 GS-750 30" 1025/- 5757/- One -do-            Shri Shilpan Patil also explained his imports to be of discontinued models sent on inventory clearance by suppliers, and were at lower negotiated prices for Demo machines. (e)     The adjudicator, after accepting th....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ion value..."            Therefore, the Demo clause enhancing to promote the business of supplier, i.e. marketability cannot be a reason for arrival to reject the transaction value. The rejection of Transaction value therefore cannot be upheld. (g)     Negotiated prices with special discounts claimed, are acceptable, follo....