2008 (10) TMI 527

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....he Appellant. Dr. T. Tiju, JDR, for the Respondent. [Order per : A.K. Srivastava, Member (T)]. - The brief facts of the case are that the appellants imported a New Yeast Wrapping Machine Model 682-KL and filed the Bill of Entry No. 669289 dated 19-2-2001 for home consumption. The said machine was imported by the appellants from Germany. The appellants had shown the value of the invoice in....

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....with Section 14(1) of Customs Act, 1962, since the said discount has to be taken as special discount extended to the appellants only. 2. Heard both the sides and perused the records. 3. We have examined the position. We find that the appellants have negotiated the price with the German seller and after prolonged and protracted negotiations, the German seller offered them the discou....

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....t the appellants paid to the German seller, an amount higher than the discounted invoice value amounting to Euro 103,835. A bare reading of Rule 9 of the Customs Valuation Rules, 1988 and Section 14 of the Customs Act, 1962 will show that the 'discount' is not mentioned anywhere in the said provisions for disallowance from the price. A discount is a commercially acceptable measure, which may be re....