2003 (7) TMI 159

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... appellants are a large manufacturer of cement. For this purpose they import non-coking coal from different suppliers through their own port at Mul Dwaraka. During April to June four consignments were imported at prices varying from 28.55 US$ CIF P.M.T. to 32.85 US$ CIF P.M.T. Show Cause Notice dated 8/10 November, 2000 was issued by the Customs authorities proposing to assess the goods on an enha....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... to big quantity differences under different orders. One contract, where the lowest price was fixed, was for two lakhs M.Ts. while the quantity ordered under the higher price was only 35,000 M.Ts. It is the submission of the appellants that it is common in trade that a lower price is accepted if the sale quantity is higher and that customs authorities cannot reject a price for that reason. It is a....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... whether the price in each transaction is a full and commercial price. Rule 4 of the Customs Valuation Rules stipulates that transaction value shall be the basis for assessment of goods to duty. The transaction value contemplated in that Rule is the price in the particular transaction relating to the goods under assessment and not price in other transactions. In the present case, the lower authori....