2005 (5) TMI 454

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....r the Respondent. [Order per : K.C. Mamgain, Member (T)]. -  This appeal is filed by the Revenue against the order of the Commissioner (Appeals). 2.The respondents had imported 8337 number of used rubber tyres of motor vehicle, totally weighing 141 MTs at Mundra Port and declared the price as 150 DRS per MT C&F (which is equal to Rs. 1425/-) claiming clearance of said tyres as freely....

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....tyres enhancing the assessable value to US $ 100 per M.T. and classifying the tyres under sub-heading 4011.50. The case was adjudicated by the Addl. Commissioner, who classified the tyres under sub-heading 4011.50 and held them liable for confiscation under Section 111(d) and 111(m) of the Customs Act, and accordingly confiscated the same but gave option to the respondents to redeem the same on pa....

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....e value declared by the respondents is Rs. 1425 per MT C&F which is even less than the freight amount of Rs. 1500/- per M.T. The adjudicating authority determined the value of US $ 100 per M.T. under Rule 8 of the Customs Valuation Rules, on the basis of nearest import value available for such tyres. 4.We find that despite notice, none appeared for the respondents nor any intimation was receive....

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....les where contemporaneous imports are taken into consideration. However, we also find that when the freight charges are more than the declared value, such value cannot be accepted as the correct assessable value. Therefore, the order of the Commissioner (Appeals) accepting Rs. 1425/- per MT as the assessable value, is not correct. We, therefore, set aside the order of the Commissioner (Appeals) re....