2004 (9) TMI 212

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....r (T)]. - M/s. Shiv Cables and Wire Industries (India) have filed this Appeal against Order-in-Appeal No. 1/2004, dated 30-1-2004 by which the Commissioner (Appeals) has upheld the enhancement of assessable value of the imported goods on the basis of PLATT price. 2. Shri J.M. Sharma, learned Consultant, submitted that the Appellants are importing recycled/reprocessed LDPE regularly at assessabl....

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....show that the transaction value is hit by any of the special circumstances specified in Section 14(1) of the particular Act and particularized in Rule 4(2) of the Valuation Rules. He has relied upon the decision of the Supreme Court in the case of Eicher Tractor Ltd. v. CCE, Mumbai [2000 (122) E.L.T. 321 (S.C.)] wherein it has been held that unless the prices actually paid in the particular transa....

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....e is not to be rejected on the basis of higher value given in the PLATT price reports, as the same is not based on transactions but is a compilation of price ranges of various plastic materials. Reliance has also been placed on decisions in the case of Adani Exports Ltd. v. CC, Visakhapatnam [2000 (116) E.L.T. 715] and Jindal Strips Ltd. v. CC, New Delhi [2001 (133) E.L.T. 570 (Tri.)]. 3. Count....

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....goods when sold for export to India. Sub-rule (2) of Rule 4 of the Customs Valuation Rules provides certain exceptions on account of which transaction value shall not be accepted. There is nothing on record to show that the transaction value falls under any of the exceptions mentioned in Rule 4(2) of the Customs Valuation Rules. We also observe that Revenue has not adduced any evidence to prove co....