2003 (12) TMI 497 - AT - Customs

Summary

Issues:
1. Determination of the value of imported goods based on Rule 10(a) of the Valuation Rules.
2. Validity of the Commissioner (Appeals) order for provisional assessment.
3. Interpretation of Rule 10A of the Valuation Rules regarding the acceptance of declared value by the importer.

Analysis:
1. The case involved the determination of the value of imported resins by the Assistant Commissioner, who found the declared price too low based on a quotation offer from Capital Glass International Ltd. and the practice at Mumbai Custom House. He determined the price at $2300 per ton, considering the market price and deductions for profit and expenses. The importer appealed this decision.

2. The Commissioner (Appeals) ordered provisional assessment of the goods, contrary to the Assistant Commissioner's decision. The appeal raised concerns about the Commissioner's authority to order provisional assessment and the acceptance of fresh evidence submitted by the importer.

3. The Tribunal found that the Commissioner (Appeals) should have conclusively decided on the acceptability of the declared value by the importer. Rule 10A allows the proper officer to request further information if there are doubts about the declared value. The Tribunal emphasized the need for the Commissioner to determine whether the quotation offer and the Custom House practice provided reasonable doubt to question the value of the goods. The Tribunal also highlighted the sequential application of valuation rules from Rule 5 onwards.

In conclusion, the Tribunal allowed the appeal, set aside the Commissioner (Appeals) order, and remanded the matter for disposal in accordance with the law. The judgment emphasized the importance of conclusively determining the acceptability of the declared value and the need for proper assessment based on the Valuation Rules.