2011 (6) TMI 444

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....at the valuation of the said ball bearings is much on the lower side in as much as there was a circular issued by the Commissioner of Customs (Import) Bombay laying down that Chinese origin ball bearings of lesser known brands should be assessable to duty taking the value of US $ 1.60 per kg. Accordingly, the value was increased. The Appellant paid duty on the enhanced value and cleared the goods on payment of appropriate customs duty. In this case, no separate assessment order other than that in the Bill of Entry was issued. The said assessment order on the Bill of Entry was challenged before the Commissioner (Appeals) who upheld the order. Hence the present appeal. 2. Learned Advocate appearing for the appellants has contended that they ....

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....evised guidelines and suggested that because of the reduction in steel prices worldwide due to increase in crude steel production in China, minimum cut off price of such bearings be reduced to US $ 1.60 per kg (for unpopular Chinese brand). It was further proposed to review the said guidelines on quarterly basis whenever variations in price of steel of bearing quality varied by 20% or more. 4. These guidelines of Commissioner of Customs (Imports) Mumbai have been issued after deliberating upon the issue through extensive and exhaustive studies conducted with cooperation/involvement of Commissioner (Valuation), Mumbai, DG DRI, Delhi, Commissioner of Customs (Prev.), Mumbai, Commissioners of Customs at Nhava Sheva, Chennai, Kolkatta, ICD TKD....

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.... ground and/or the argument advanced before it. It is always necessary to see what were the facts in the case in which the decision was given and what was the point that has to be decided." 6. The Hon'ble High Court of Calcutta had passed the above said judgment by relying upon the decision of Hon'ble Supreme court in the case of Union of India Vs Dhanwanti Devi reported at 1996 (6) SCC 44. The Hon'ble High Court of Calcutta had also observed that the same decision of Hon'ble Supreme Court had also been relied upon by the Hon'ble Patna High Court in the case of Union of India Vs Kasti Nath Mahto AIR 1999 Patna 100), and by the Division Bench of Hon'ble High court of Calcutta in the case of Jaya Sen Vs Sujit Kumar Sarkar (AIR 1998 Calcutta ....