PNP POLYTEX PVT. LTD. Vs. COMMISSIONER OF CUS.

JUDGEMENT

(1.) THE applicant/appellant filed this application for early hearing of stay. The contention of the applicant is that the appeal relates to a live consignment which incurring heavy demurrage. In these circumstances, the early hearing of stay is allowed. After hearing both sides and taking into consideration the fact that the matter relates to live consignment which is incurring heavy demurrage, we are of the view that the appeal itself can be disposed of. Therefore, after waiving the requirement of pre -deposit we take up the appeal for disposal.

(2.) BRIEFLY stated facts of the case are that the appellants filed eleven Bills of Entry for import and clearance of PVC Coated Cloths of various thicknesses. The department rejected the transactional value and enhanced the value on the following grounds:

(3.) 1 The contention of the appellant is that there is nothing to indicate that price as declared by the appellant has influenced or that it is under -invoiced.