TaxTMI 
TaxTMI 
2008 (4) TMI 7
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.... 3. Allegedly the respondent had imported the same goods from the same supplier earlier @ US$ 18.7 per kg. 4, The Deputy Commissioner of Customs in his order dated 22^nd March, 2000 opined that the transactional value declared by the importer should be rejected and Rule 5 of the GATT Valuation Rules, 1988 shall be applied ordering to load the value to US$ 18.7 per kg. It was directed that the bill of entry should be assessed accordingly. 5. On an appeal preferred thereagainst by the respondent, the Appellate Authority being the Commissioner of Customs (Appeals) affirmed the said findings in terms of his order dated 3^rd August, 2000. By its judgment the appellate authority rejected the contention of the appellant that the onus was on the department to show that the invoice price was not genuine and arrived at the conclusion that since the respondent was the only importer of the said goods, they were 'the best person to obtain conclusive proof of downward pricing pattern in the international market'. However....
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....s are ordinarily sold, or offered for sale, for delivery at the time and place of importation or exportation, as the case may be, in the course of international trade, where the seller and the buyer have no interest in the business of each other and the price is the sole consideration for the sale or offer for sale: Provided that such price shall be calculated with reference to the rate of exchange as in force on the date on which a bill of entry is presented under Section 46, or a shipping bill or bill of export, as the case may be, is presented under section 50.(1A) Subject to the provisions of Sub-section (1), the price referred to in that sub-section in respect of imported goods shall be determined in accordance with the rules made in this behalf. 10. We also quote hereinbelow the relevant portion of Rule 4 of the Customs Valuation (Determination of Price of Imported Goods) Rules, 1988, as it stood at the relevant time: "4. Transaction value. - (1) The transaction value of imported goods shall be the price actually paid or payable for the goods when sold for export to India, adjusted in accordance with the provisions of Rule 9 of these ru....
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....ised on any legal principle and the revenue having not brought on records any contemporaneous evidence to the contrary, we are of the opinion that it cannot be said to have discharged its burden. 15. Rule 5 provides for determination of the transaction value having regard to the importation of identical goods into India at the same time. Rule 6 allows for the transaction value to be determined on the value of similar goods imported into India at the same time as the subject goods. Where, however, there are no contemporaneous imports, the value is to be determined in terms of Rule 7 by a process of deduction as envisaged therein. Yet again an alternative mode for determination of the transaction value has been provided in Rule 7A. If none of the aforementioned provisions can be taken recourse to, the authority may determine the transaction value in terms of Rule 8 of the Rules, using reasonable means consistent with the principles and general provisions of the rules and sub-section (1) of Section 14 of the Act and on the basis of data available in India. 16. Recourse to the af....
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....not fall under any of the exceptions in Rule 4(2), there is no question of determining the value under the subsequent Rules." It was observed :- "22. In the case before us, it is not alleged that the appellant has miss-declared the price actually paid. Nor was there a mis-description of the goods imported as was the case in Padia Sales Corporation. It is also not the respondent's case that the particular import fell within any of the situations enumerated in Rule 4(2). No reason has been given by the Assistant Collector for rejecting the transaction value under Rule 4(1) except the price list of vendor. In doing so, the Assistant Collector not only ignored Rule 4(2) but also acted on the basis of the vendor's price list as if a price list is invariably proof of the transaction value. This was erroneous and could not be a reason by itself to reject the transaction value. A discount is a commercially acceptable measure which may be resorted to by a vendor for a variety of reasons including stock clearance. A price list is really no more than a general quotation. It does not preclude discounts on the listed price. In fact, a discount is calculated with reference to the price lis....