Order date – 26 October 2022

 Facts –

• The appellant, M/s Gujarat Pickers Industries Limited, imported the consignment of PVC Flex Sheet LF-238 by way of filing Bills of Entry and cleared the imported goods for Home Consumption from ICD, Customs, Sabarmati, and Ahmedabad.
• A show cause notice was issued on 06.10.2006 on the ground that the appellant imported the PVC
• Flex Sheet LF 238 – 340 GSM from the foreign supplier and the said supplier has sold the said import items to another Importer Tower overseas of Ahmedabad at the Higher CIF rate of 0.43$ per SQM which is much higher than the price declared in the Bill of entry of Appellant therefore appellant was called upon as to why a uniform price of USD 0.43 per SQM on appellant’s imported goods should not be adopted.
• Aggrieved appellant had filed an appeal.

Issue – 

• Whether the uniform price is to be adopted on imported goods?

Order – 

• The Tribunal observed that for applying the price of contemporaneous goods, it is also one of the conditions that the import should be at same time. Moreover there is force in the submission of the appellant that market of PVC Flex Sheet during that period was volatile, in that view imports not being of the same time; the import value of that Tower Overseas are not comparable at all. 
• The fact was also placed on record by the appellant that during the same period of imports by the appellant, there have been imports of the similar item @0.27USD/SQM at the port of Mumbai by Yash Enterprise which is lesser than the price at which appellant imported the said items during the month of June 2006.
• It is settled law that while applying the price of contemporaneous goods, when more than one price are available then the lowest of the prices should be taken for the assessment. Therefore for this reason the price could not have been enhanced in respect of the goods in question.
• The appeal is allowed.