PLASTVEL INDUSTRIES Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) The stay application is for waiving the pre -deposit of Rs. 1,10,788/ - as duty, on the ground that the items are re -processed/recycled plastic granules and cannot be compared with virgin material or second -hand machinery as has been done by the learned Commissioner (Appeals) by applying the ratio rendered in the case of Gajra Bevel Gears v. CC, Bombay - 2000 (115) E.L.T. 612 (S.C.).

(2.) Ld. Consultant Shri R. Parthasarathy submits that in popular magazines and publications the price of recycled material is not available and what is available is the price of virgin material and, therefore, the cited Apex Court's judgment has been wrongly applied by the learned Commissioner. He, therefore, submitted that as they have a strong case on merits, full waiver be granted to them. Ld. Consultant has also relied on the judgment rendered by this Tribunal in the case of Adani Exports Ltd. v. CC, Visakhpatnam [2000 (116) E.L.T. 715 (Tribunal) = 2000 (37) RLT 193 (CEGAT)] wherein it has been held that PLATT's Price Report is a journal and the price in the journals cannot be the basis for enhancing the transaction value.

(3.) Appearing on behalf of Revenue, ld. DR, Shri C. Mani submits that re -processed items are nothing but second -hands and the price of virgin material has to be arrived at and deductions as per the guidelines given by the Board has to be given. He, therefore, submits that the order of the learned Commissioner (Appeals) confirming the duty demand of Rs. 1,10,788/ - is legal and proper and the appellants may be put to terms before their appeal is heard by this Tribunal.