ORDER
Shri Lajja Ram
1. In this appeal filed by M/s K.K.Exports, the matter relates to the valuation of the exported Nail Polish Bottles. The exporters have declared the value as Rs.78 per piece. The Commissioner of Customs had held that the realistic value of each Bottle was to be taken at Rs.30/- per piece. He also imposed a penalty of Rs.2.50 lakhs on one of the partners. The appeal filed by the partner came up separately before the Tribunal and the penalty was set aside.
2. Arguing for the appellants, Shri Aftab Ahmed, ld. advocate submits that the Nail Polish is an item where there is wide variation in prices and that the appellants had correctly declared the prices and the full foreign exchange has been received back by the country. He refers to the last para of the impugned order.
3. Shri V.K.Chaturvedi, ld.SDR submits that the ground on which the declared value was rejected had been discussed in the impugned order and reiterates the reasoning adopted by the ld.Commissioner of Customs (Appeals).
4. After hearing both sides and after going through the facts on record, we agree with the contention of the appellants that in an item like Nail Polish there could be different prices on different consideration and that the costings could not be sole basis for arriving at the export value in the International Market.
5. Keeping in view the facts and circumstances of the case, we do not agree with the view taken by the ld.Commissioner of Customs with regard to the valuation and we agree with the plea of the appellants.
6. As a result, the appeal is allowed.
Dictated and pronounced in the open Court.
