2018 (7) TMI 1295

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....the imported goods. The Adjudicating authority finalized the provisionally assessed Bills of Entry by two Adjudication Orders and rejected the transaction value in terms of Rule 10A of CVR, 1988 and directed to pay the differential duty as per finalization of the assessment on Zinc Plate (irregular shapes and sizes). By the impugned Order, the Commissioner (Appeals) rejected the appeal filed by the appellant. 2. Heard both the sides and perused the appeal records. 3. On perusal of the records we find that the appellant purchased the goods from Bangladesh. The metal contents in the goods were declared to be below 90%. Test Report revealed that Metal content/purity varied between 87.2% and 88.3%. The Adjudicating authority discarded the....

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....ecord to show that the transaction value falls under any of the exceptions mentioned in Rule 4(2). We observe that the only reason for not accepting the transaction value is that it is low as compared to the prevailing price quoted in Metal Bulletin. The ld. Advocate has rightly emphasised that the Revenue has not adduced any evidence of contemporaneous imports. In Mukund's case, the Department has noticed import of the identical commodity by another importer at a higher price which was resembling to the LME price. We also observe that in the said case the Department enhanced the declared value (US $ 1225) to US $ 1355 per M.T. (The price of contemporaneous import) and not the LME price which was between US $ 1370 to 1420. In view of these ....