COMMISSIONER OF CUSTOMS, BANGALORE Vs. AUTO INTERNATIONAL

JUDGEMENT

(1.) THIS appeal arises out of is directed against the Order -in -Original dated 21 -1 -1994 passed by the Commissioner of Customs, Bangalore.

(2.) THE issue relates to valuation. By impugned order the Collector of Customs, Bangalore has accepted the declared invoice price of US $ 0.41 per piece as the true transaction value. He ordered release of the 29,278 pieces of Lucas CAV filters Model 7111 -296 under seizure totally valued at Rs. 26,33,777/ - to M/s. Auto International, Bombay. Further, he ordered confiscation of 120 pieces of Lucas pintles valued at Rs. 4,200/ - under the Provisions of Customs Act. However, he gave option to redeem the goods on payment of redemption fine of Rs. 2,000/ -. He dropped the further proceedings against M/s. Auto International, Bombay and M/s. K. Venugopal and Co. and others. Department has come in appeal on the issue of valuation.

(3.) THE Department has come in appeal mainly on the ground that the Commissioner erred in not taking into the account of manufacturers invoice No. CS 86847, dated 10 -4 -1992 against which the identical goods were imported at Madras by Bill of Entry No. 516, dated 1 -6 -1992. The said invoices were issued by M/s. Lucas Export Services Ltd., England under unit price as shown as US $ 0.68 per piece.