TaxTMI 
TaxTMI 
2011 (7) TMI 989
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....are engaged in the import of ball bearings of CRX brand from China. For the purpose of reference, we are adopting the facts, as available in Appeal No. C/429/2007 arising out of order-in-Appeal No. 31/Cus/App/DLH/IV/07, dated 17-4-2007 passed by the Commissioner (Appeals). 3. The appellants filed a bill of entry dated 13-9-2006 along with relevant document seeking clearance of a consignment of ball bearings declaring the assessable value of the goods ranging from US $ 0.05 per piece to US $ 0.368 per piece based upon the transaction value. After 100% examination of the goods, the net weight of ball bearing declared by the appellant as 17,423 kgs was found to be in excess by 3490.320 kgs. The Revenue was of the view that the valuatio....
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....arguments, learned DR has submitted that the Commissioner of Customs (Imports), New Customs House, Mumbai vide their letter dated 8-9-2005 (copy enclosed) issued guidelines for the valuation of Ball and Roller Bearing. The said guidelines were issued after extensive study on the basis of inputs given by the various wings of the Department viz. Commissioner Nhava Sheva, Directorate of Valuation, Directorate of Revenue Intelligence and others. As per the guidelines, it was proposed to assess Ball Bearing (unpopular Chinese brand) at the minimum cut of price of USD 2 per kg. The value of USD 2 per kg was arrived at after taking into consideration the average cost of raw material, wastage, manufacturing cost and other charges. Subsequently, bas....
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....sidering the prices observed in trade and as well as other sources. Deriving guidance from the above cited order of the Hon'ble CESTAT the prices of Ball Bearing (unpopular brand of Chinese origin) arrived by the Commissioner of Customs (Import), Mumbai after exhaustive and extensive study in collaboration with trade and other sources have got legal bearing on the assessment of Ball Bearing (unpopular brand Chinese origin) and hence the Bills of Entry in question were assessed at the rate equivalent to USD 1.60 per kg. 7. Regarding importer's emphasis on accepting manufacturer invoice in light of the judgment of Hon'ble Supreme Court in the case of M/s. Sai Impex, it is found that Hon'ble High Court of Calcutta, in case of Bipin M. ....
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.... been found by the worthy Commissioner (Appeals) while passing his order in appeal in question. Further, there are specific guidelines issued by the Commissioner of Customs (Imports), Mumbai stipulating assessment of the ball bearings of Chinese origin (unpopular brand) @ $1.60 per kg as already explained in proceeding paras. 9. After considering the submissions made by both the sides, we find that admittedly the Commissioner of Customs (Imports), Mumbai has issued the guidelines for adopting the assessable value of the lesser known brand Chinese brand therein. Such guidelines have been issued after taking into account the average cost of material, wastage, manufacturing cost and other charges etc. The legality and veracity of such ....