2001 (9) TMI 777 - AT - Customs

Summary

Issues:
1. Appeal against the Order-in-Appeal (OIA) valuing an Arc Welding Set at a declared value of US $ 185 instead of the enhanced value of US $ 2700.
2. Lack of evidence produced by Revenue to support the enhanced value.
3. Comparison of the imported machine's specifications with a machine valued at US $ 2700 in 1995.
4. Application of the Apex Court judgments on valuation principles.

Issue 1: Appeal against OIA Valuation
The Revenue appealed against the OIA valuing an Arc Welding Set at US $ 185 instead of the enhanced value of US $ 2700. The Commissioner (Appeals) accepted the value declared by the importer based on the lack of evidence provided by the Revenue to support the enhanced value. The appellant submitted evidence, including a cash memo and a receipt, indicating a purchase price of A $ 180 for the machine. The Commissioner found that the value of Rs. 45,000/- fixed by the lower authority lacked a reasonable basis and accepted the price of A $ 179 as submitted by the appellant, directing that the machine be valued at the declared price.

Issue 2: Lack of Evidence for Enhanced Value
The Revenue failed to produce sufficient evidence to support the enhanced value of the Arc Welding Set at US $ 2700. The Commissioner noted that the specifications of the machine imported by M/s. Sieflex Robotic Company in 1995, valued at US $ 2700, were not compared with the specifications of the present machine. The appellant provided evidence, including a cash memo and a receipt, to demonstrate that the machine was purchased for A $ 180. The Commissioner accepted this price as valid, highlighting the lack of evidence from the Revenue to justify the enhanced value.

Issue 3: Comparison of Machine Specifications
The Commissioner found that the imported machine did not have the same specifications as the machine valued at US $ 2700 imported in 1995. The Commissioner emphasized that the goods were not comparable, as they had different specifications and were imported at different times. The Commissioner set aside the OIA, aligning with the Apex Court judgments on valuation principles. The Commissioner upheld the requirement to accept the declared value under Section 14 unless strong evidence of contemporaneous import is presented, citing judgments from Basant Industries and Mirah Decor v. CCE.

In conclusion, the Appellate Tribunal rejected the appeal, as there was no merit in challenging the Commissioner's decision to accept the declared value of the Arc Welding Set based on the lack of evidence supporting the enhanced value and the differences in specifications between the compared machines.