2016 (9) TMI 1228

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....lani, Advocate for the Appellant Shri Ahibaran, Addl. Commissioner (AR) for the Respondent ORDER Per Raju M/s Intellect Components Co. (ICC) imported Regrind ABS 20% Glass filled and declared invoice price of US $ 465 Per Metric Ton (PMT) against purchase order dated 8.12.1999. The lower authority rejected the declared value on the ground that the PLATT s price of ABS at the material t....

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....come final and the issue is applicability of PLATT price and discounts to be given, this appeal of Revenue is allowed as remand to the Commissioner (Appeals) who should hear both sides and thereafter determine why the subsequent period order is not applicable in the facts of the case." The Commissioner (Appeals) after examining the matter came to a conclusion that at the time when the earlier O....

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....20% Glass filled . He argues that two items cannot be compared for any purpose whatsoever. He argues that for the purpose of rejection of transaction value only a reasonable basis can be adopted. If there was any comparable contemporaneous import of same or similar goods at a significantly different price, only then it was open to Revenue to reject the declared value. He further argues that the di....

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....nd ABS 20% Glass filled has been rejected for the reason that it is significantly different from the PLATT price of the ABS. We are of the view that price of the two commodities, which is significantly different, cannot be compared in this manner. Only if ABS is imported at a price significantly different from the PLATT price then the question on the declared value can be raised on the basis of PL....