2002 (12) TMI 134

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...., learned Advocate, submitted that the appellants, trading in imported musical instruments, negotiated verbally a deal with M/s. Sumbee Inhdah Pvt. Ltd., Singapore for seven containers of musical instruments; that the first container arrived in December, 1998 for which Bill of Entry was filed by them on 29-12-98 declaring value Singapore $ 28394.50 and the country of origin was shown as Malaysia; that the Commissioner has dropped the charge of under valuation in respect of Model Nos. PSR 520, PSR 78 and PSS 9; that in respect of remaining Models the value has been enhanced to Rs. 27.15 lakhs as against Rs. 6.52 lakhs; that Commissioner has also confiscated the said models also on the ground of misdeclaration of value and country of origin w....

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....ions of Rule 4(2) of Customs Valuation (Determination of Prices of Imported Goods) Rules, transaction value of imported goods shall be accepted and as held by the Supreme Court in the case of Eicher Tractors Ltd. v. Commissioner of Customs, Mumbai, 2000 (122) E.L.T. 321 (S.C.) , in absence of special circumstances particularized in Rule 4(2), it is mandatory for Revenue to accept the price actually paid by the importer; that there is no evidence that there was any relationship between the seller abroad and the appellants and the transaction was not at arms length. The learned Counsel has also referred to appellants' miscellaneous application by which a Bill of Entry dated 20-8-98 for import of musical instrument from Singapore has been prod....

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....anded goods and also the goods of one country of origin on the basis of the known price of the goods of another country of origin, but the linkage must be appreciable and proximate." In reply the learned Advocate commented that the decision in the case of Shibani Engg. System was with reference to the erstwhile Customs Valuation Rules and not under the New Valuation Rules which requires that identical goods should be produced in the country in which the goods valued were produced. 5. We have considered the submissions of both the sides. The value of the musical instruments imported by the appellants has been enhanced in the present matter on the basis of contemporaneous imports. The appellants have filed the Bill of Entry on 29-12-1998. ....