2003 (8) TMI 433 - AT - Central Excise

Summary

Issues:
- Justification of enhancing the assessable value of currency counting machine imported by the appellant.

Analysis:
1. The appellant imported currency counting machines from overseas suppliers at different prices due to negotiations and market conditions. The Customs authorities questioned the assessable value enhancement.
2. Negotiations with suppliers led to price reductions, with the appellant importing machines at varying rates based on agreements reached. The appellant argued for lower values due to bulk purchases, market trends, and competitive pricing.
3. The authorities disputed the discounts claimed by the appellant, citing international norms and domestic market prices. The appellant provided evidence of negotiations and price reductions with suppliers to support their declared values.
4. The appellant contended that the authorities wrongly applied valuation rules and failed to consider the commercial aspects and negotiations involved in determining the assessable value.
5. After hearing both sides, the Tribunal found merit in the appellant's contentions, noting the detailed negotiations and agreements leading to price reductions. The Tribunal held that the declared transaction values were justified based on the evidence presented.
6. The Tribunal rejected the Revenue's argument against the discounts claimed by the appellant, emphasizing the lack of evidence supporting the Revenue's objections and highlighting the downward price trend in the domestic market.
7. Considering all facts and circumstances, the Tribunal concluded that there were no grounds to reject the transaction values declared by the appellant. The Tribunal set aside the impugned order and directed the release of the bank guarantee submitted by the appellant.