By companysent, the order dated 20 9 1994 is recalled.
The price of the goods imported, namely, TAM Brand Bearings No.
On the allegation that the goods of the same description had been imported by M s. Ravi Agricultural Industries, Agra under Invoices Nos.
75 11 was US 1.80 CIF per piece.
P S/1943043, dated 6 9 1983.
FDN 849031, dated 4 6 1984 and FDN 849031 B, dated 24 8 1984 at a price of US 2.20 CIF per piece, the Department issued a show cause numberice dated 26 11 1984 to show cause why the duty on the difference of price and penalty should number be recovered from the assessee.
Cause was shown by the assessee by letter dated 11 12 1984 stating that the price was fixed after negotiations and in supported thereof the companyrespondence that had ensued between the importers and suppliers was tendered in evidence The companyrespondence revealed that there had been some bargaining in the matter of fixation of price before the suppliers agreed to a price of US 1.80 CIF per piece Notwithstanding the same, the Additional Collector of Customs, Bombay directed that the goods be valued at US 2.20 CIF per piece for the purposes of levy of duty and licence purposes although he refrained from imposing a penalty on the importers Against the said decision of the Assistant Collector, the assessee preferred an appeal before the Tribunal.
The appellant M s. Basant Industries, sought clearance of goods imported against their Licence No.
