2003 (12) TMI 115

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....sessment of the goods was US $ 600 per MT in respect of Sodium Hydrosulphite and US $ 785 per MT in respect of Citric Acid. Pursuant to investigation by Directorate of Revenue Intelligence, Show Cause Notice dated 20-10-1997 was issued alleging that the goods had been undervalued. Even though the appellants contested the allegation, the impugned order was passed by Commissioner of Customs, Kandla increasing the assessable value of sodium hydrosulphite to US $ 800 per MT and that of citric acid to US $ 935 per MT. The assessable value was increased on a finding that same goods were imported at higher value and that Shri Shantilal Jain, Director of the importer company had confessed to under-valuation of the goods. The order also rejected the....

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....ce than the price of others. The appellant's explanation about quantity difference has been rejected in the adjudication order stating that appellant had not put forth the quantity discount explanation earlier in investigation proceedings and therefore, that submission cannot be accepted. 3. During the hearing of the appeals, learned Counsel for the appellants emphasised that the entire proceedings in the present case are contrary to the settled legal position Eicher Motors Ltd. v. UOI - 1999 (106) E.L.T. 3 (S.C.) that transaction value should the basis for customs valuation and assessment to duty. Learned Counsel also referred to the decision of the Apex Court in the case of Mirah Exports v. Collector - 1998 (98) E.L.T. 3 (S.C.) that the ....