2005 (12) TMI 378

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....lant. Shri S.M. Tata, DR, for the Respondent. [Order per : C.N.B. Nair, Member (T)]. - The appellant imported three consignments of copper scraps of "BIRCH" Varieties - two from Singapore and one from Israel, during the period November - December, 1998. The purchase price varied from US $ 1160 to US $ 1180 PMT. Customs authorities accepted the prices and assessed the goods to duty and all....

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....ingly. The appellant filed an appeal before the Commissioner (Appeals). In the appeal, the appellant took a specific plea that their values were comparable to the values of other imports. They referred to four Bills of Entry in this regard where the assessments were around US $ 1140 to US $ 1200. All the same, the Commissioner (Appeals) held against the appellant, with the observation that the Dep....

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....e notice. That apart, there is also evidence that imports were taking place at varying prices. There was no evidence brought on record by the revenue which is indicative of any suppression of price in appellant's transactions. In a situation of fluctuating prices, there was no justification to pick and choose one price for the assessment of the goods. The law specifically stipulates acceptance of ....