WESTON COMPONENTS LTD Vs. CC

JUDGEMENT

(1.) THIS appeal arises out of arid is directed against the order No. 42/MMS/94 dated 9.11.1994 passed by the Collector of Customs (Judicial), Custom House, New Delhi.

(2.) THE appellants imported 1000 pieces of LNB converters declaring FOB prices of US 22.50 per piece. Show cause notice was issued proposing to increase the value to US 42.50 per piece, being the transaction value of similar goods imported into India vide Bill of Entry No. 235573 dated 2.7.1993.

(3.) SHRI Shiv Dass, learned Advocate appearing for the appellants submitted that there is no evidence by the Revenue as to how and why the transaction value declared by the appellants is to be ignored. The burden is on the Revenue to prove that transaction value was not genuine. He submitted that during the month of March, 1993 there has been a contemporaneous import of some quantity 100 pieces of converters by another importer namely M/s. Clarion (P) Ltd. at the value of US 22 per piece. In spite of placement of evidence before the adjudicating authority about the contemporaneous import, he has not looked into the important piece of evidence and not given any finding why he is not accepting the contemporaneous import.