2007 (11) TMI 530

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....thkar, JDR, for the Respondent. [Order per : M. Veeraiyan, Member (T)]. - The Appeal No. C/10/2004 is by M/s. Malwi Ship Breaking against the order of the Commissioner (Appeals) No. 349/2003(123-JMN) Cus./Commr(A)Ahd, dt. 15-10-03. 1.2 The Appeal No. C/23/2004 is by M/s. Haryana Ship Breakers Ltd. against the order of the Commissioner (Appeals) No. 419/2003(164-JMN)Cus/ Commr(A)/AHD, dt. ....

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....re has been no change in the LDT of the vessels. The reduction in prices brought about by addendum signed after completion of import did not indicate any reason for reduction in the price. There was no dispute which arose between the parties warranting arbitration proceedings as envisaged in the original memorandum of agreement. It is also specifically recorded that the memorandum of agreement did....

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....ount of facts that the goods are not the ones which have been contracted for or that there has been serious breach of the terms of the contract which makes the contract void/voidable. In the later case, the new/reduced price under new/revised contract will be admissible, provided it is in conformity with the value as defined under Section 14 of the Customs Act read with the Valuation Rules." 6.1&....