2004 (2) TMI 190

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... the ld. DR in this appeal filed by Revenue. The respondents are absent. Since the issue involved is covered by the valuation rules itself, the appeal is taken up for decision. 2. The respondents had imported a consignment of 'pickers' declaring the value at 1.48 Swiss Francs per piece which was accepted by the Customs and goods allowed to be cleared. Out of the 1800 pickers in the said consign....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....was in substantially the same quantity that they can be considered as contemporaneous imports at the same level for the goods under valuation under Rule 5 of the Valuation Rules applicable to imported goods. Since the goods were not in substantially similar quantity, the value for import of 30 pickers by M/s. Bharat Vijay Mills were not considered to be applicable for 1118 pickers imported as repl....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ted and value of 5.20 Swiss Francs per piece has to be applied. 5. After considering that the goods are replacements and they are endorsements made and considering the notes of the Customs Valuation Rules 1998, for Rule 5, being applied in this case, it is found that it is imperative that the price for sale of identical goods at the same commercial level and substantially the same quantity as t....