TaxTMI 
TaxTMI 
2006 (3) TMI 637
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....2. The Department prooeeded to investigate the matter pertaining to consignment covered under Bill of Entry No. 972858, dated 18-11-2000 pertaining to the import made by the appellant in regard to 50 pieces of EIKI SSL-O film projectors 16 mm. The declared value was US $ 280 per piece. The Revenue after detailed examination has enhanced the value per piece to US $ 1960 per piece on the basis of the price available on website HTTP ://www.eiki.com. A discount of 30% from the internet retail price i.e. US $ 1960 per piece was worked out to US $ 1372 per piece on the goods imported. 3. The following submissions were made by the importer challenging the enhancement of the declared value. (i) The Depa....
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....tions that internet quotation of the price cannot be the basis for rejecting the invoice price, in this regard reliance was placed on the Apex Court judgment rendered in the case of Sounds N. Images v. CC reported in 2000 (117) E.L.T. 538 (S.C.)=2000 (38) RLT 242 (S.C.). (vii) It was submitted that price given in the internet quotation and that furnished by CGI is the retail price in US $ for sale in USA. It was submitted that Rule 8 of the Customs Valuation (DPIG) Rules, 1988 specifically provides that price of the goods in the domestic market of the country of exportation cannot be adopted as the basis of the valuation of the goods imported in to India. Hence, it was submitted that in view of this specific prohibition in the said....
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....he imported projectors were outdated model as 16mm technology which had become obsolete and, are, thus being sold at much reduced and depreciated price. M/s. Eiki International Incl., USA vide their letter dated 23-7-2001 stated that the internet prices is not correct and had been withdrawn. It was submitted that M/s. Inspirated Films, USA, the supplier-trader had certified the correctness of declared price of US $ 280. Furthermore, the Indian 16mm projectors of like kind and quality are available for Rs. 20,000/- approximately. In support to this contention, certain sale invoices of Indian goods had been submitted. (xii) It was also submitted that M/s. Inspirated Films and the importer were not related and the price is thus not in....
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....eme Court in the case of Sounds. N Images (supra). He relied on the following judgments to contend that the internet prices are not to be adopted. (a) Puja Poly Plastics Pvt. Ltd. v. CC, Calcutta - 2001 (131) E.L.T. 200 (T) = 2001 (42) RLT 523. (b) Overseas International v. CC, Chennai - 2001 (127) E.L.T. 599 (T) = 2000 (41) RLT 101. (c) Mohan Sales (India) v. CC, Calcutta - 2000 (121) E.L.T. 736 (T) = 2000 (40) RLT 17. He relied on the judgments of Abdul Halini (supra) for rejection of the letters of CGI in New York. 6. The learned JDR read out the Commissioner's order in detail and also filed the following citations : (i) ....
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....bsite completely demolishes the case of the Revenue. It is well settled law by several judgments already cited by the assessee that the internet prices cannot be the sole ground to prove the charge of under-valuation as rendered in the case of Sounds. N Images (supra). 8. The learned DR relied on the ruling of Sharp Business (supra), in this case the undervaluation had been established by the Revenue while in the present case the Revenue has failed to do so. Hence, this judgment is clearly distinguishable. In the case of Mirah Decor (supra), the Custom authorities had relied on the price quotation obtained by them from the foreign supplier. This matter was remanded by the Apex Court for de novo and hence, this judgment is not direct....