2003 (3) TMI 510 - AT - Customs

Summary

Issues involved:
Challenging the order enhancing the value of imported Air Conditioners and imposing penalties.

Analysis:
1. The appeals were filed challenging the order-in-original that increased the value of Air Conditioners imported and imposed penalties. The matter was remanded once for reconsideration. The order allowing the appeals was pronounced after a hearing.
2. The appellants imported Air Conditioners in June 1997, declared at US $ 274.05 CIF. The DRI investigated and found the unit price to be US $ 352. Proceedings were initiated, leading to the impugned order. The appellants contested the order on various grounds.
3. The appellants argued that the value was enhanced based on unreliable evidence, including a manufacturer's certificate and other documents. They claimed discrepancies in the price offered and paid, questioning the reliability of certain documents.
4. The appellants contended that the department should accept the declared invoice value unless mutual interest between the parties is proven. They cited a relevant judgment to support their argument and highlighted differences in quantity and timing of imports.
5. The Revenue defended the impugned order, emphasizing the Commissioner's well-reasoned findings. The Commissioner compared the present case with a previous import, but the Tribunal found the comparison flawed due to differences in quantity and timing.
6. The Tribunal observed that the transaction value declared by the importers should have been accepted, as there was no evidence of extra consideration. The Tribunal also noted the unreliability of certain documents relied upon by the department.
7. Consequently, the Tribunal set aside the impugned order and allowed all three appeals. It also noted a lack of clarity regarding the penalization of two appellants in the order.