D.M. INTERNATIONAL Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) HEARD both the sides and perused record. The dispute is about assessable value for the purpose of customs duty in regard to two imports made by the appellants in February, 2004. The consignments in question were of polypropylene sheets weighing 21.081 MT. The goods were imported from Taiwan. The appellants declared the transaction value of US 450 per MT and produced invoices in support of that price. Customs authorities rejected the transaction value for the purpose of valuation of the consignments and assessed at US 750 per MT. The appellant was served no show cause notice proposing rejection of transaction value. Nor was there any material adduced for the purpose of assessing at US 750 per MT.

(2.) AGAINST the above assessment, an appeal was filed before the Commissioner (Appeals). The Commissioner (Appeals) rejected the appeals with the following observation: -

(3.) THE contention of the appellant is that it had contracted in December, 2003 with the supplier for supply of 100 MT @ US 450 per metric ton. It is being pointed out that in terms of Rule 4 of Customs Valuation Rules, transaction value is required to form basis of customs valuation. It is also being contended that none of the exceptions mentioned in that rule is involved in the present case.