2011 (6) TMI 248

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....p; For easy comprehension, the brief facts of this case are stated as follows:   M/s. Nilesh Metal Corporation, Jamnagar imported a consignment of brass scrap. At the time of assessment the declared value appeared to be very low as compared to the contemporary imports as well as the price quoted in London Metal Bulliten (LME). The assessment was made provisional accordingly. The adjudic....

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....plier is at arms length and is not influenced by any other consideration.   3. We find that this a well settled issue. The Hon ble Supreme Court in the case of Eicher Tractors Ltd. Vs. CCE Mumbai reported in 2000 (122) ELT 321 (S.C.) observed as follows: In the case before us, it is not alleged? that the appellant has mis-declared the price actually paid. Nor was there a mis-description of....

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....t case. The finding of the Tribunal in this case without leaving any further scope for interpretation is as follows:   All in all, it is settled law that the transaction value cannot be altered/loaded on the basis of values declared in stray imports when the quantity/quality is not comparable. LME prices are only indicative at best. The transaction value declared by the importers when it i....