2003 (12) TMI 363 - AT - Customs

Summary

Issues:
1. Enhancement of declared transaction value for imported Ethylene-Di-Chloride (EDC).
2. Validity of the enhancement based on import by another party.
3. Prima facie case made by the appellant to exempt pre-deposit and stay recovery of duty.

Analysis:

Issue 1: The appellants imported Ethylene-Di-Chloride (EDC) with declared values being enhanced for two imports. The declared values were increased based on the import prices by Reliance Industries Ltd.

Issue 2: The Revenue contended that the significant price difference alone should raise doubts about the correctness of the declared transaction values. However, the appellant argued that being regular importers of EDC, the price fluctuates based on quantity and country of import. They highlighted the ICIS-LOR Reports showing price fluctuations in the Asian market.

Issue 3: The Tribunal found that the appellant had established a prima facie case in their favor. Besides the price difference, no other material existed to question the authenticity of the declared transaction values, especially considering the nature of the commodity with fluctuating prices. Consequently, the Tribunal exempted the pre-deposit condition and stayed the duty recovery, scheduling the appeal for a hearing on a specified date.

This judgment underscores the importance of considering various factors beyond price differences when assessing the correctness of declared transaction values for imports, especially in commodities with fluctuating prices. The Tribunal's decision to exempt pre-deposit and stay duty recovery reflects a balanced approach to ensure fairness in the adjudication process.