2017 (10) TMI 220

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....r roll. The Goods were covered by invoice No. HW-ISEL029 dt. 25.09.2009 issued by M/s CHANGZHOUS HUAWEI REFLECTIVE MATERIAL CO. LTD, CHINA to M/s Tanmay International. The goods were cleared from CFS CONCOR, Ludhiana. Acting on intelligence, the officials of Delhi Customs Preventive Commissionerate intercepted three trucks No.HR37B-5349, PB-10 BW 0577 and PB 10 BH 0575 on 01.01.2010 loaded with 1104 rolls of radium tape 'Fluorescent tape'. The scrutiny of documents recovered from these trucks revealed that the goods had been imported by the Noticee. The goods had been imported by declaring the same as Colored Self Adhesive Paper Tape vide Bill of Entry No. 155975 dt. 08.12.2009. The goods were to be off loaded at M/s Indo Silicon el....

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.... to mis-declaration, the transaction value cannot be accepted. He stated that the identical goods were imported under bill of entry No. 505783 dt. 17.11.2009 as found in market enquiry by SIIB Kolkata. Ld. AR also claimed that the proforma invoice No.HW-JBE 012 dt. 30.09.2009 of Mukesh Enterprises from the same supplier was at the rate of US$ 114 per roll. He placed on record the bill of entry and invoice pertaining to actual import by M/s Mukesh Enterprises. 3. Ld. Advocate for the respondents submits that the entire case of the Revenue on valuation is based on the proforma invoice No. HW-JBE 012 dt. 30.09.2009 in which 588 roll were reflective sheeting were price tag US$ 114 per Roll. He stated that Department has not shown the relevan....

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.... to reject the invoice value. Accordingly adjudicating authority found that value of Fluorescent Tape is to be considered on the basis of the contemporaneous imports read with rule 9 and relying on the invoice No.HW-JBE 012 dt. 30.09.2009 issued by same supplier as in present case to M/s Mukesh Enterprises for 588 rolls of Reflective Sheeting and the market enquiry conducted by the SIIB, Customs House, Kolkata and after allowing abatement on the value with respect to duty element, margin of profit and other overheads, arrived at the assessable value of Rs. 58,95,360/- of the imported goods for the purpose of calculation of duty liability on the impugned goods in their case. The appellant No.1 has objected to the valuation adopted by the adj....

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....oice which was the main foundation for enhancing the value in the adjudication order. Ld. AR was asked to produce the copy of the invoice relating to proforma invoice No. HW-JBE 012 dt. 30.09.2009 relied upon in the adjudication order. Ld. AR has submitted a copy of commercial invoice No.HW-JBE 012 dt. 30.09.2009 issued by M/s CHANGZHOUS HUAWEI REFLECTIVE MATERIAL CO. LTD, CHINA to M/s Mukesh Enterprises in which the unit price is US$ 15.00 per roll. He also produced the relevant bill of entry No.155975 dt. 08.12.2009 in the name of Mukesh Enterprises in which the goods have been assessed the unit price 15.00 per roll. On being asked to show the actual invoices for the proforma invoices at the rate of US$ 114.00, the Ld. AR expressed his in....