2004 (12) TMI 415

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....entered into with the Foreign supplier for supply of 51,000 MT. Whereas the appellant had declared the assessable value as invoice price of US $ 228 PMT, the Revenue has enhanced the same to US $ 288 PMT by relying upon the Standing Order 7493, dated 3-12-99, Platt's prices and contemporaneous imports. 2. As per facts on record, the appellant entered into a contract dated 25-2-2002 with M/s. IMX Port for National Trading Corporation, Canada for supply of 5,000 MT of plastic granules/powder floor sweepings at the rate of US $ 228 per M.T. The said contract was got registered by them with the Assistant Commissioner of Customs, Nhava Sheva under the cover of their letter dated 28-2-2002. On import of part consignment of the goods out o....

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....ri V.S. Nankani, ld. Advocate appearing for the appellant and Shri Vimlesh Kumar, ld. SDR. 5. Our attention has been drawn, by the ld. Advocate to the sales indent describing the goods as mix plastic granules/powder for a total quantity of 5,000 MT. It is the appellant's contention that the contract was not for any particular predominance of polymer but was for a mixed lot. Even the report of IIM, Mumbai has made it clear that the consignment is of granules of various polymers of different shape and size in the nature of floor sweepings. He clarifies that any two types of floor sweepings can never be held to be comparable and as such, reference can never be made to the contemporaneous imports. In fact, the lower authorities have the....