2003 (12) TMI 145

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....ent to this appeal imported in October-November, 1997 quantity of tin plate waste from a supplier from Australia declaring their FOB value to be Australian $ 400 per ton. The department was of the view that the value was too low, having regard to the fact that at or about this period, the importer imported tin plate waste from Norway and France at higher prices ranging from US $ 380 per ton C & I.....

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....rts. The departmental representative relies upon the decision of the Tribunal in Chandni International v. CC, 2003 (153) E.L.T. 312 (T) = 2003 (55) RLT 635. He draws our particular attention to the part that in that decision the Tribunal, despite its attention being drawn to the Supreme Court's judgment in Eicher Tracters v. CC, 2000 (122) E.L.T. 321 (S.C.) = 2000 (41) RLT 621 has still held that ....

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....ue is defined as the price paid or payable for the goods, and, therefore, unless it is shown that the value shown in the invoice is not that the transaction value and where none of the exceptions specified in the proviso under Rule 4(2) applies, it is that value that has to be applied. In the decision of the Tribunal that the departmental representative cites, the goods were imported in December, ....

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.... are not able to perceive any ratio relating to the value in the judgment of the Supreme Court in CC v. Shibani Engineering Systems, 1996 (86) E.L.T. 453. In Paragraph 11 of the order, the Court has said that the Collector was rejecting the transaction value because "plainly, it was a totally unrealistic value". Apart from this the fact also remains that the judgment in CC v. Shibani Engineering S....