2016 (10) TMI 518

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....005 to May 2005. Out of these 12 consignments, 5 consignments were imported from M/s Brooks Trading Company, Dubai. The remaining 7 consignments were imported from M/s Ketan Trading Company, Singapore. The country of origin of the goods was shown as Madagascar/ Indonesia/Tanzania, as mentioned in the said table. The importer had declared a price of 2000 US $ PMT for 10 of the consignments and in one consignment the price was declared as US $ 2050 PMT. The data available with the Department showed that the price of cloves of country of origin as mentioned above and of grade specified was about US $ 3000 PMT during the relevant time. Therefore, the value was proposed to be enhanced to US $ 3000 PMT and the goods were provisionally assessed at....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ue cannot be rejected. Therefore, the impugned order is to be set aside. 4. On the other hand, the learned AR supported the impugned order and submits that the spices board prices have to be taken into consideration which show that there is no CG3 grade, there was no grade of quality and NIDB data shows that the value of clove is US $ 3000 PMT. In that circumstances, the adjudicating authority has rightly rejected the transaction value. 5. Heard the parties and considered the submissions. On careful consideration of the submissions made by both sides, we find that the sole contention for rejecting the present value by the adjudicating authority is that as per NIDB data the price of the clove is US $ 3000 PMT. In that circular, it is n....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....the impugned Order-in-Original." As regards the observation of the primary adjudicating authority that there is no grade caned CG-3 for cloves and that the grade has been mentioned to hoodwink to Revenue, we find that the appellants produced international Trade Centre (UNCTAD/WTO) Market Brief 2006 regarding market of clove in European Union wherein it is clearly stated that in the EU the most popular quality is CG-3 quality from Madagascar and Zanzibar. Obviously, the adjudicating authority has mis-guided himself into believing that there was no CG-3 grade cloves and so the appellants tried to hoodwink Revenue. It is also seen that the re-assessment has been done only on the ground of adopting the value of identical goods sold for....