2006 (5) TMI 221

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....ls. 2. Facts of the case are that the appellant imported two consignments [4.5 metric ton each] of Overlay Tissue Paper from Japan. Bills of entries dated 18-11-88 and 9-3-89 were filed for the clearance of these consignments before Bombay Customs. The unit price for the imports was 360 Yen per Kg. CIF, Bombay. Customs Authorities rejected the transaction value for the purpose of valuation on the ground that another party namely JAY, Bombay had imported from the same party Overlay Tissue Paper @ 530 Yen per kg. under invoice dated September 13, 1988. Under the impugned order, the consignments remain assessed on the basis of 530 Yen per Kg, and duty demand raised. The present appeals are directed against that enhancement of value and....

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.... Please note that two products are supplied different mill.                 Lot A :    San Hitsu Paper Co.                 Lot B :     Ten-Ma Paper Co, And lot A is special ordered goods to suit for their production." 5. It is the contention of the learned Counsel that since the Revenue has no case that the paper under import by the present importer is not the same as the paper supplied to M/s. Moti Polymers, the above explanation should be accepted and assessment made. The appellant has also filed another letter dated 6th October, 2004 fro....

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....ms. The learned Counsel would also emphasis that Revenue Authorities have no evidence what so ever contrary to the explanation offered and therefore they were grossly in error in rejecting the transaction value. 7. Learned SDR points out that the explanation dated October 2004 is much delayed and the previous explanation was in regard to purchase by Moti Polymers and the reasons indicated in that letter may not be applicable to other importers, inasmuch as there is no evidence that the paper supplied to other parties are also of the same quality or from the same mill. 8. The law relating to valuation is clear. Transaction value would form assessable value and transaction value can be rejected only in the circumstances mentio....