2010 (9) TMI 1049

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....oods of 25,440 pcs. of "sealed lead acid batteries PM 4.56" [hereinafter referred to as batteries]. The value declared by the respondent was 0.25 USD per piece. On being found that the said value declared by the importer seems to be abnormally lower the authorities conducted an investation. The adjudicating authority issued a query memo, which was answered by the importer. After considering the submissions made by the importer, the adjudicating authority enhanced the price of batteries imported by the respondents. Aggrieved by such order, the importer preferred an appeal before the Commissioner (Appeals). The Commissioner (Appeals) vide impugned order has set aside the order in original. Hence this appeal. 2. Learned DR. would submi....

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.... the respondents have been importing the said batteries from that period and were clearing without any objection on the value declared in the contract. We find that the Commissioner (Appeals) has recorded the following finding : " ...... Further, from the sales agreement and contract submitted by the appellant, it is seen that the price has been arrived at on a condition that the buyer shall undertake to buy not less than two containers of batteries and that the agreement is valid for one year from 16-7-04 to 15-7-05 and further the appellant has to buy not less than 10000 pieces of batteries per month during the duration of this agreement. As already mentioned above, the appellant had imported more than 4 lakhs pieces of such batteries ....