2004 (8) TMI 601 - AT - Customs

Summary

Issues:
- Discrepancy in the declared value of imported capital goods
- Disallowance of depreciation by the adjudicating authority
- Appeal by the Revenue against the order-in-appeal passed by the Commissioner (Appeals), Central Excise

Discrepancy in Declared Value:
The case involved a 100% EOU that imported capital goods, declaring the value as 85000 pounds. However, the adjudicating authority disallowed depreciation, considering the value as 147650 pounds. The Commissioner (Appeals) allowed depreciation based on the value declared by the respondent. The Revenue appealed, arguing that the actual value was 147650 pounds. The Tribunal examined the bill of entry, In-Bond Register, and the invoice, all indicating the value as 85000 pounds. The Revenue failed to provide evidence supporting their claim of the higher value. Consequently, the Tribunal upheld the Commissioner's decision, considering the declared value as the transaction value, and dismissed the appeal.

Disallowance of Depreciation:
The dispute centered on the depreciation of imported goods. The adjudicating authority disallowed depreciation based on a higher value of 147650 pounds, while the Commissioner (Appeals) allowed depreciation using the declared value of 85000 pounds. The Tribunal observed that the Revenue lacked evidence to substantiate their claim of the higher value. As a result, the Tribunal upheld the depreciation granted by the Commissioner (Appeals) on the value declared by the respondent, in line with the Import Export Policy provisions. The appeal was dismissed due to the absence of supporting evidence from the Revenue.

Appeal by the Revenue:
The Revenue filed an appeal challenging the order-in-appeal by the Commissioner (Appeals), Central Excise, regarding the valuation of imported capital goods. Despite claiming that the actual value was 147650 pounds, the Revenue failed to provide any evidence supporting this assertion. The Tribunal noted that the documents, including the bill of entry and invoice, consistently showed the value as 85000 pounds. In the absence of proof from the Revenue, the Tribunal upheld the decision to grant depreciation based on the declared value, as supported by the In-Bond Register and invoice. Consequently, the Tribunal dismissed the Revenue's appeal, affirming the Commissioner's decision.