2005 (2) TMI 645

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....Respondent. [Order per : P.G. Chacko, Member (J) (Oral)]. - The respondents had imported numerous consignments of 'Heavy Melting Scrap' (for short, HMS) and 'Light Melting Scrap' (for short, LMS) on the strength of Advance Licences and claimed assessment on the basis of declared values. The Department rejected this claim and proposed to enhance the value to USD 110 PMT for HMS and to USD 100 PM....

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....n in appeal to the Commissioner (Appeals). The appellate authority allowed the appeals after finding that there was no valid reason to discard the transaction value (declared value) of the goods. The orders of the Commissioner (Appeals) are presently under challenge in these appeals of the Revenue. 2. Heard both sides. Ld. JDR reiterated the grounds of the appeals. Ld. Consultant resisted th....

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....e (transaction value). We are in complete agreement with ld. Commissioner (Appeals) in observing that any Customs House practice of loading the price of imported goods without reference to quantity, place and time of import etc. has to be rejected when it is contrary to statutory provisions. It was held by the Apex Court in the case of Eicher Tractors Ltd. v. Commissioner of Central Excise, Mumbai....