COMMISSIONER OF CUSTOMS, KANDLA Vs. HAZEL MERCANTILE LTD.

JUDGEMENT

(1.) APPEAL No. C/724 of 2003 is an appeal filed by the Department against the order in appeal No. 150/2003 (36 -KDL)/Cus/Commr(A)/Ahd dated 21 -7 -2003 and Appeal No. C/770 of 2003 is a departments appeal against the order in appeal No. 150/2003 (36 -KDL)/ Cus/Commr(A)/Ahd dated 21 -7 -2003.

(2.) HEARD both sides.

(3.) THE respondent in Appeal No.C/724 of 2003 imported a consignment of Tolune from Iran declaring the value at US $ 285 PMT and the original authority during the course of finalization enhanced the value to US $ 325 PMT adopting the value of import of the same commodity for import of quantity of 750 MTs from Singapore. Commissioner (Appeals) held the view that as the respondent has contracted for a total quantity of 5000 MTs. from Iran at the price of US $ 285 PMT, the same cannot be compared with the quantity of 750 MT imported from Singapore at the price of US $ 325 PMT accordingly adopted the price declared by the respondent.