2010 (2) TMI 821

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....Advocate, for the Respondent. [Order per : Chittaranjan Satapathy, Member (T)]. - We have heard both sides. 2. The respondents imported the impugned consignment describing the goods under import as 'Stainless steel melting scrap'. However, the goods were examined by the Special Investigation Branch and samples were sent to the Regional Testing Laboratory, which reported that the impu....

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....ickel. 3. On an appeal filed by the respondents, the lower appellate authority has set aside the order of the original authority holding that invoice value cannot be discarded and that the transaction value has to be accepted for valuation purposes. 4. Smt. Prameela Viswanathan, ld. Counsel appearing for the respondents supports the order of the lower appellate authority and argues....

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....dication), Mumbai [2009 (238) E.L.T. 14 (S.C.)]. She also draws our attention to the para 22 of the cited decision of the Hon'ble Supreme Court in the case of Radhey Shyam Ratanlal (supra) which approves placing reliance upon the contemporaneous publications like Weekly Bulletin of spices market and Public Ledger which contain prices in the international market. 6. After hearing both sides....

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....hen the declaration is found to be false, the declared value is not acceptable. We also find that the cited decision of the Hon'ble Supreme Court in the case of Radhey Shyam Ratanlal (supra) approves the valuation done on the basis of the international prices published in reputed publications. In the present case, Metal Bulletin prices have been adopted which was also supplied by the respondents t....