UNITED TRADERS INDIA Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) BRIEFLY stated facts of the case are that the appellants imported rechargeable Lead Acid batteries declaring the value of US $ 1 per piece. The department issued the show cause notice as to why the declared value should not be enhanced to US $ 2.40 per piece. The sole evidence relied upon by the department for enhancement of value to the aforesaid extent was the quotation dated 29-7-1997 from M/s. Sun Fat Electric Products (Intl) Co. Ltd., Hongkong. The quotation is not addressed to any one in particular. There is also no evidence to the effect that this quotation has been acted upon by any person for any import in India.

(2.) Nevertheless, the adjudicating authority has enhanced the value as given in the aforesaid quotation. Hence this appeal is before us.

(3.) HE also relies upon the tribunal judgment in the case of Laxmi Colour Ltd v. Collector reported in 1992 (62) E.L.T. 613 (Tribunal) wherein the telex quotation relied upon by the department was discarded by the tribunal. HE further submits that the judgment of the tribunal in the case of Laxmi Colour Lab has been affirmed by the Apex Court inasmuch the Revenue appeal there-again it has not been admitted by the Apex Court. Report to that effect is available in 1997 (90) E.L.T. A183. HE, therefore, prays for setting aside the impugned order and allow the appeal with consequential relief to the appellants.