2003 (12) TMI 556 - AT - Customs

Summary

Issues:
1. Rejection of transaction value of Slag Pot Carriers imported by a company.
2. Jurisdiction of the Commissioner (Appeals) to remand the case.
3. Testing the transaction value against the provisions of Rule 4(2) proviso.

Analysis:
1. The case involved the rejection of the transaction value of Slag Pot Carriers imported by a company, initially rejected by the Assistant Commissioner due to inadequacy of the Chartered Engineer's Certificate. The Commissioner of Customs (Appeals) set aside this rejection and remanded the case for fresh decision to test the invoice value against the provisions of Rule 4(2) of the Customs Valuation Rules, 1988. The lower Appellate Authority held that rejection based on the Chartered Engineer's Certificate was not sustainable but directed testing of the invoice value against the Rule 4(2) proviso.

2. The issue of jurisdiction of the Commissioner (Appeals) to remand the case was raised. The Revenue challenged the remand, citing the amendment to the provisions of Section 128A(3) of the Customs Act, 1962. The Tribunal agreed that the Commissioner (Appeals) had no power to remand the case. The question arose whether the case should be remanded for testing against Rule 4(2) proviso or if a final decision could be made by the Tribunal.

3. Upon analysis of the show cause notice and adjudication order, it was found that the issue of satisfaction of Rule 4(2) proviso was not part of the original proceedings. The notice only called for an explanation regarding the declared transaction value under Rule 10(1) of the Customs Valuation Rules, 1988. As the transaction value was not tested against the Rule 4(2) proviso in the original notice, the Commissioner (Appeals) was deemed to have expanded the scope of the proceedings by directing a remand. The Tribunal held that the Commissioner (Appeals) should have accepted the declared value and allowed both appeals accordingly.