Case Law Details
C.C. Jamnagar Vs Shree Cement Limited (CESTAT Ahmedabad)
CESTAT Ahmedabad held that difference is value declared on import of non-calcined petroleum coke by the appellant i.e. Rs. 2871.15 as against the comparable imports price i.e. Rs. 3701.20 justified based on the nature of supplies and long-term contract of appellant with supplier.
Facts- This is Revenue’s appeal arising out of Order in Appeal No. 127/COMMR(A)/JMN/2011 dated 09.11.2011. The issue involved in the present case is that whether the value declared by the appellant in respect of import of Non-calcined petroleum coke as Rs. 2871.15 is correct or price of comparable import made by BGH Exim Limited @ Indian Rs. 3701.20 is correct. Accordingly whether the enhancement of value should be made taking the price of comparable imports.
Conclusion- It is observed that the learned Commissioner (Appeals) has examined each and every aspect of the case and came to the conclusion that there is a vast difference between the nature of supplies made by BGH Exim Limited and the appellant in as much as there is a long term contract of the appellant with the suppliers and for the huge quantity of 9000 MT Per Annum. On careful consideration of the findings of the learned Commissioner (Appeals), we observe that there is no infirmity in the findings of the impugned order. Hence, the same needs to be sustained. Accordingly, the impugned order is upheld. Revenue’s appeal is dismissed. Cross also stand disposed of.
FULL TEXT OF THE CESTAT AHMEDABAD ORDER
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