2011 (2) TMI 485

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....we proceed to decide the appeal itself. Accordingly we have heard learned DR appearing for the Revenue.   2. As per facts on record the respondents imported Polyester Chips Semi Dull Three Gun Brand No.SP-1912 and filed a bill of entry dated 27.06.05 declaring the price of the goods as US $ 810 per MT. As the value in the other contemporaneous imports of similar/identical goods was found t....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ting authority again enhanced the declared value to US $ 1035 per MT.   5. On appeal against the above, the appellate authority observed that for rejecting the transaction value, the price at which the goods have been offered for sale must involve abnormal/special discount or reduction from ordinary competitive price. As such it was necessary for the department to show the ordinary competi....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... appeal has submitted that Commissioner (Appeals) should have taken note of another bill of entry dated 07.06.05 wherein the identical goods have been assessed at US $ 1050 per MT. It stands contended before us that the invoice in the said contemporaneous bill of entry was dated 13.05.05 while the invoice in the present case was 20.05.05 and as such was more near to the bill of entry dated 27.06.0....