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Issues: Classification of imported goods under Customs Tariff Act, enhancement of assessable value.
Classification Issue Analysis: The appeals involved the classification of goods imported by two companies under sub-heading 5806.32 or 5806.10 of the Customs Tariff Act. The appellants claimed the goods were Velcro Tape, while the Revenue argued they were Woven pile fabrics based on another importer's classification. The Department failed to provide evidence that the goods were the same, as no chemical tests were conducted, and no test reports were presented. The burden of proof for classification lies with the Department, and without material evidence, the goods were held to be classifiable under sub-heading 5806.32 as claimed by the appellants. Value Enhancement Issue Analysis: Regarding the enhancement of the assessable value, the Department sought to increase it based on another importer's Bill of Entry without proving the similarity of the goods. The Customs Valuation Rules dictate that the transaction value should be considered, which is the price paid for the goods when sold for export to India. The appellants provided manufacturer's invoices, and the Department did not question their authenticity. As the goods imported by different parties were not compared, the requirement of similar goods under the Valuation Rules was not met. Consequently, the impugned order was set aside, and both appeals were allowed due to the lack of evidence supporting the value enhancement. This judgment highlights the importance of providing substantial evidence to support classification decisions and value enhancements under the Customs Tariff Act. It underscores the burden of proof on the Department to establish classification and value determinations, emphasizing the need for concrete material to justify such actions.
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