2006 (4) TMI 424

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....ction value for the purpose of finalisation of assessments. After examining the records and considering the submissions of both the sides, we are of the view that the appeals themselves require to be finally disposed of at this stage. Accordingly, after dismissing the stay applications, we proceed to deal with the appeals. 2. The respondents had imported "Emergency Lamps Model No. PRL-786" from China declaring US $ 3.25 as unit price of the goods. The relevant Bills of Entry were filed during 2001-2003. The department gathered materials indicating higher price for the goods and, accordingly, proposed to enhance the assessable value to US$ 5.90 per piece. The show-cause notices containing this proposal were contested by the importers....

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....e absence of evidence of contemporary imports at higher value, the value of the goods could not be enhanced. According to ld. SDR, the lower appellate authority should have proceeded to determine the assessable value by moving sequentially from Rules 5 to 8 of the Customs Valuation Rules. Ld. SDR has opined that these cases are fit for remand to the original authority. On the other hand, ld. Counsel for the assessees has opposed remand. According to him, the lower appellate authority was right in rejecting the proforma invoice and quotation as basis for determination of assessable value. It is pointed out that proforma invoice is only a quotation of price and hence cannot be adopted as basis for determination of assessable value of imported....

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....ia, Hong Kong, revealed that the price of Emergency lamp Model PRL-786 is US $ 5.60 (FOB) as per the quotation given by the Chinese manufacturer as on 28th May 2002 for a 20 feet container for delivery to Colombo. It shows that the prevailing international market prices for PRL-786 is 5.9 USD (CIF)." It would appear from the above that the overseas enquiries made by the department was to get at the authenticity of the proforma invoice dated 28-12-2001, but the "outcome" of such enquiries was that the prevailing international market price of the emergency lamp Model PRL-786 was US $ 5.9 (CIF) on the basis of the quotation raised by the Chinese manufacturer/supplier [M/s. Hua Bang International Development Co. Ltd. (Hong Kong)] of 28-5-200....