ORDER
S.S. Kang, Vice-President
1. Heard both sides.
2. The appellant filed this appeal against order-in-appeal passed by the Commissioner (Appeals).
3. The appellant made import of Linear Low Density Polyethylene (LLDPE) and declared the price as US $ 465 PMT. The Custom authorities enhanced the price to US $ 580 PMT on the basis of Platt’s price list as well as the manufacturers price list.
4. The contention of the appellant is that in this case the contract was entered with the supplier of the goods in August 1998 for supply of the goods at the rate US $ 465 PMT. As per the certificate issued by supplier showing the difference in the price from April 1998 to Jan, 1991 the price of the goods in the month of August 1998 was US $ 460 PMT. As against this price, the goods were supplied to them at the rate of US $ 465 PMT, therefore, there is no basis for enhancement of the value of the goods imported. The contention is also that Platt’s price cannot be made basis of the enhancement of the value of the imported goods. The appellant relied upon the decision of the Tribunal in the case of Adani Exports Ltd. v. CCE reported in 2000 (116) E.L.T. 715 and this order passed by the Tribunal is confirmed by the Hon’ble Supreme Court in Commissioner v. Adani Exports Ltd. reported as 2002 (146) E.L.T. A.213.
5. The contention of the Revenue is that as per the certificate issued by the supplier of the goods and as the price in the month of November 1998 was US $ 580 PMT and as the goods were imported in November 1998, therefore, the value was rightly enhanced to US $ 580 PMT.
6. In this case the contract was entered between the supplier of the goods and the appellant in the month of August 1998 and as per that contract the goods were to be supplied @ US $ 465 PMT. The appellant also produced a certificate issued by the supplier of the goods which indicate the price of the goods in question during the period April 1998 to Jan. 1999. During the month of August 1998 the price was indicated as US $ 460 PMT.
7. The Tribunal in the case of Adani Exports Ltd. (supra) which was confirmed by the Hon’ble Supreme Court held that the Platt’s price cannot be made basis for enhancement of the value of imported goods. We find that in this case the supplier of the goods also issued a certificate stating that during the month of August 1998, the price was US $ 460 PMT which is lower than the price declared by the appellant. In these circumstances, the impugned order is set aside and the appeal is allowed.