COMMISSIONER OF CUSTOMS, VISAKHAPATNAM Vs. SREE NAKODA IMPEX

JUDGEMENT

(1.) THIS appeal of the Revenue relates to valuation of 10,000 metres of Korean Fabrics imported by M/s. Sree Nakoda Impex, Nellore in December, 1991. The price declared by the importer was enhanced based on purported contemporaneous import of similar goods at Chennai, and goods assessed to customs duty. Appellant importer contested the enhancement of the value before the Tribunal holding that the comparison was not with similar goods. The Tribunal remanded the matter to the Commissioner for reconsideration. Upon reconsideration of the case, Commissioner refixed the value of US $ 1 per meter. Present appeal of the Revenue is directed against that order. The finding under challenge is reproduced below :

(2.) THE grounds taken in the present appeal are that Commissioners order was not correct and proper inasmuch as it did not uphold the charge of misdeclaration. It is also pointed out that Commissioner should have fixed the value at US $ 2.4 per meter or close to it.

(3.) WE have perused the records and have heard the learned SDR. None has appeared for the respondent. Perusal of the records of the case makes it clear that show cause Notice was issued on an entirely mistaken premise. The goods under import were considered to be comparable to a consignment imported under Bill of Entry No. 251228, dated 14 -12 -1999. The impugned order makes it clear that, on verification, the goods were found to be tyre cord fabrics. Thus, comparison was not made with similar goods.