JUDGMENT

Kapadia, J.—

Civil Appeal No. 4498/2006

This is an appeal under Section 130E of the Customs Act, 1962 against judgment and order No. M-299/Kol /06 dated 6.7.2006 passed by the Customs, Excise & Service Tax Appellant Tribunal, Kolkata (“the Tribunal”). It is an appeal filed by the assessee.

2. A short question which arises for determination in this civil appeal is whether the Department, in the facts and circumstances, was justified in invoking Rule 7A of Customs Valuation (Determination of Price of Imported Goods) Rules, 1988 framed under section 156 of the said 1962 Act.

3. Appellant-assessee purchased two consignments of Refined Soyabean Oil from M/s United Edible Oils Ltd., Bangladesh. The goods imported were accompanied with Invoice dated 4.10.2003 and Invoice dated 30.10.2003. The C & F value of the Soyabean Oil (final product) showed the price to be Rs. 24.50 per kg. calculated at the prevailing rate of US $. The Department called upon the appellant to give the cost break-up of the imported goods. The details were forwarded by the appellant to the Department vide letter dated 19.10.2003 along with copy of the bills of entry. The appellant also obtained a certificate from