2000 (6) TMI 773 - AT - Customs

Summary

Issues:
1. Violation of principles of natural justice in disclosing basis for enhancing the value of imported items.
2. Determination of assessable value under Customs Valuation Rules.
3. Imposition of redemption fine for re-export of goods.
4. Imposition of personal penalty without sufficient evidence.

Issue 1: Violation of Principles of Natural Justice
The appellant imported transistors and declared a price, which the Customs authorities deemed low. The Commissioner based the order on a circular without disclosing it to the appellant, leading to an alleged violation of natural justice. The appellant argued that even though they waived the issuance of a show cause notice, the basis for enhancing the value should have been disclosed. Citing a Tribunal decision, the appellant contended that even in cases of waiver, the Revenue should disclose the basis for enhancing prices.

Issue 2: Determination of Assessable Value
The Commissioner fixed the value under rule 8 of the Valuation Rules, stating that rules 5 and 6 parameters did not match the imported goods. The appellant argued that the department should have proven the declared value was incorrect before resorting to the Valuation Rules. The appellant highlighted the lack of detailed particulars in the circular referencing identical imports and emphasized the need for absolute identity, timing, and quantity matching for adopting values of other imports. The Commissioner's observation of no contemporaneous imports raised doubts on the justification for rejecting the transaction value and imposing a higher value under rule 8.

Issue 3: Imposition of Redemption Fine
The Commissioner offered the appellant the option to re-export goods on payment of a redemption fine, which the appellant intended to do. The appellant argued that no redemption fine should be imposed for re-export, citing Tribunal decisions supporting this stance. The appellant requested the removal of the redemption fine and penalty, as no evidence of under-valuation was presented by the Revenue.

Issue 4: Imposition of Personal Penalty
The Revenue justified enhancing the value due to the low valuation of imported goods. The absence of contemporaneous imports led to the enhancement under rule 8 of the Valuation Rules. The Revenue also supported the imposition of a personal penalty. However, the Tribunal found the order based on inferences and surmises without sufficient evidence. The Tribunal agreed with the appellant that the imposition of a personal penalty was unjustified, setting it aside and allowing the appeal in the appellant's favor.