Judgment

S.C. Agrawal, J.-These appeals have been filed against the judgment of the Customs Excise and Gold (Control) Appellate Tribunal (hereinaf­ter referred to as ‘the Tribunal’) dated September 4, 1989. They raise the question whether there was undervaluation for the purpose of levy of customs duty under Section 14 of the Customs Act, 1962 (hereinafter referred to as ‘the Act’) in the invoices of the various consignments of ball bearings which were imported by the appellants.

2. Skefko India Bearing Co. Ltd. (hereinafter referred to as ‘the Skefko’), appellant in C.A. Nos. 1030-34/90, are importers of ball and roller bearings. They also act as intending agents for marketing of imported ball bearings for and on behalf of AB-SKF, Sweden. Ball bearings of various types are manufactured by AB-SKF in Sweden and by their subsidiary companies in U.K., Germany, France and Italy. Skefko book orders from different types of customers which can be classified into three categories:

(a) Original Equipment Manufacturers­ (OEM);

(b) Replacement User - also described as Actual Users (Aus); and

(c) Dealers who import for stock and sale.

In addition