2019 (8) TMI 96

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ve for the Respondent ORDER PER: RAMESH NAIR The issue involved in the present case is that whether the goods namely "Base Oil SN-500" imported by the appellant from Iran should be valued at declared price of US $ 400 PMT as against the departments claim of US $ 450 PMT as per NIDB data. 2. Sh. Amal Dave, Ld. Counsel appearing on behalf of the appellant submits that the contemporaneous....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... • Spices Trading Corporation- 1998 (104) ELT 665 (Tribunal) • Saudagar Exports-2002 (145) ELT 543 (Tri.-Del.) Whereby, he submits for applying the NIDB data, quantity and quality should be same. 3. Sh. S.K. Shukla, Ld. Superintendent (AR) appearing on behalf of the Revenue reiterates the finding of the impugned order. He also placed reliance on the following judgments: ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... the appellant, the NIDB data of meagre quantity cannot be applied. This has been considered by the Tribunal's special Bench judgment in the case of Shah and Shantibhai (Supra) wherein the Tribunal has held as under:- "13. A reading of Rule 5 makes it clear that in applying the said rule the transaction value of identical goods in sale at the same time and in a sale at the same commercial....