2013 (5) TMI 11

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....V. Prasad, JC (AR)         JUDGEMENT Per P.K. Das The appellant filed this appeal against Order-in-Appeal No. 693/2003 dated 19.11.2003. 2. The relevant facts of the case in brief as revealed from the record are that the appellant filed a Bill of Entry No. 213662 dated 9.2.2001 for clearance of 32000 sheets of hardboard of size 2440 x 840 x 3.2mm....

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....hs and penalty to Rs. One lakh. 3. The learned counsel on behalf of the applicant submits that the appellants purchased the goods on high sea sales basis from M/s. JG Impex, Delhi. The Bill of Entry and the commercial invoice would indicate the description of the goods as hardboard, 3.2mm thickness, 2440 x 840 size, quantity of 32000 sheets at the price of USD 0.64 per sheet. The learned couns....

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....facturer. He further submits that value was enhanced on the basis of quotation issued by the manufacturer. It is also submitted that the description of the goods and the quotation and the commercial invoice in this case are mostly similar. 5. After hearing both sides and on perusal of the records, we find that the adjudicating authority has observed no identical import or similar imports have t....

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....ce declared by the importer cannot be disbelieved on the ground that the manufacturers invoice had not been produced particularly when the goods were purchased from a trader on high sea sales. Revenue failed to produce any material to discard the declared price. In view of that, we find the enhancement of the declared value is not sustainable. Accordingly, the impugned orders are set aside and the....