2017 (3) TMI 1144

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....of Marble Slabs, granite slabs, slabs of slates and other natural stones and export the same. 2. The Appellant had cleared the processed goods i.e Marble slabs in Domestic Tariff Area. Pursuant to investigation the show cause notice was issued to the Appellant proposing rejection of transaction value. The demand was made against the Appellant on the ground of undervaluation of Processed/ manufactured Marble Slabs cleared to DTA. Reliance was placed upon by the revenue on Circular issued by DGFT on Minimum Import Price of goods. It was held that as per Circular dt. 14.03.2002 the Minimum Import Price of the Marble Slab is 450 US$ which comes to Rs. 150/- per sq ft. whereas the Appellant has cleared the goods in DTA @ Rs. 75/- to Rs. 110/-....

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....rding charges, processing charges, transportation expenses as provided in the Customs Act, 1962 and notional profit. Being aggrieved the Appellant has filed the present appeal. 3. Shri. Gajendra Jain, Ld. Counsel with Ms. Anjali Hirawat, Ld. Advocate appeared on behalf of the appellant. The Ld. Counsel appearing for the Appellant submits that the Policy Circular of the DGFT is not an evidence that the international prices of the Marble is as per Minimum Import Price stated in Circular. That the Circular is only to the effect that only Circular having value of more than 450 US $ Per Mt is permitted to be imported against the licence issue by the DGFT. That the prices quoted in the Circular has no connection with the actual price in the In....

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.....) appearing for the revenue supports the impugned order. 5. We have carefully gone through the facts of the case and records. We find that the demand has been raised mainly on the basis of DGFT circular fixing the minimum import price of the imported Marble Blocks. However we find that there is no evidence of any manipulation in transaction value changed by the Appellant to their buyers. The sale has been made to the independent buyers and the price is the sole consideration of sale. In case of M/s Eicher Tractors Ltd. vs. Commissioner 2000 (122) ELT 321 (SC) the Hon'ble Apex Court held that unless the "special circumstances" exists, the Transactional value cannot be rejected. The minimum imported price of the Marble blocks cannot be us....