Per Dr. Chittaranjan Satapathy : Heard Shri S.N. Sinhamahapatra, learned Advocate for the Appellants. Nobody appeared on behalf of the Respondent Commissioner. The Appellants imported a consignment of 22 M.T. of L.D.P.E. Lupolene Grade Granules. They declared a price of US $ 570 PMT (CIF). The Customs Authorities had a doubt regarding the declared value and on the basis of contemporaneous prices, they proposed the value of US $ 610 PMT (CIF). The Appellants vide their letter dated 21.4.1999 wrote to the Customs Authorities as follows:-

"We hereby agree to accept US$ 610 PMT CIF Calcutta for assessment of Duty. Please assess the Bill of Entry accordingly since material will incur demurrage etc.

We do not want any Show Cause Memo or Personal Hearing in this regard at present."

2. It is clear from the aforesaid communication that the Appellants did not dispute the proposed value of US$ 610. Only subsequently they have claimed assessment on the basis of the declared value and refund of extra duty. The Authorities below have rejected the claim of the Appellants leading to this Appeal.

3. The main thrust of the argument of the Learned Advocate is that the Appellants paid the duty under