2024 (9) TMI 255

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....for the appellant pointed out that they had filed bill of entry No. 8616203 dated 28.08.2020 for clearance of 8000 Kgs of 1.2 Benzisothiazolin-3-ONE 85% (BIT PASTE 85%) China origin. The price of goods was declared as USD 8.50 PKG on CIF basis. The system raised a query regarding the price on the basis of an earlier import vide Bill of Entry No. 7502528 dated 22.04.2020 wherein the price declared was USD 28 PKG. The appellant had contended before the lower authorities that the commodities need not to be traded at uniform price all along. The appellant had imported the goods on 28.08.2020 whereas the comparative price taken was of 22.04.2020. He argued that there are varying commercial parameters which result in variation in cost. He submitt....

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....ir claim about temporary increase of price. 4. Learned Authorised Representative relies on the impugned order. He pointed out that the original adjudicating authority has relied on contemporaneous import data as under : SR No. BE No. Date Rate ($/KG) 1 5181446 05.10.2019 27.80 2 5432974 25.10.2019 27.80 3 7502528 22.04.2020 28.00 He pointed out that said data indicates that the price of the item was in the range of 27.80 USD PKG to 28 USD PKG. 5. We have considered the rival submissions. We find that the case relates to rejection of the declared assessable value and enhancement of the assessable value on the basis of contemporaneous import prices. The appellant had imported '1,2-Benzi....

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....3 6 Linva (Shanghai) 2495847 20.03.2019 12000 12.33 7 Dalian Bio- Chem 4531602 17.08.2019 4000 27.40 8 Dalian Bio- Chem 5181446 05.10.2019 5200 27.80 9 Linva (Shanghai) 5295583 15.10.2019 5000 28.00 10   5432974 25.10.2019 5200 27.80 11 Linva (Shanghai) 7502528 22.04.2020 8000 28.00 12 Shouguang Hentech 8616203 20.08.2020 8000 8.50 Details of Imports between August 2020 to July 2021   Description         1 Article dated 26.03.2019 about explosion on 21.03.2019 at Xiangshui industrial Park 2 Article dated 26.03.2019 about explosion on 21.03.2019 at Xiangsh....