2007 (4) TMI 492 - AT - Customs

Summary

Issues involved:
The issues involved in the judgment are the rejection of transaction value u/s Rule 4(2) of the Customs Valuation Rules, enhancement of assessable value of imported goods, confiscation of goods u/s Section 111(d) of the Customs Act, imposition of penalty u/s Section 112(a) of the Act, and the appeal against these decisions.

Rejection of Transaction Value:
The appellants imported old/used photocopying machines and declared the value at Rs. 17,70,775/-. The Commissioner enhanced the assessable value to Rs. 21,96,035/- based on a Chartered Engineer's certificate and demanded duty accordingly. The Commissioner also ordered confiscation of the goods u/s Section 111(d) of the Customs Act and imposed a penalty u/s Section 112(a) of the Act.

Appellant's Case:
The appellants contended that the transaction value was rejected without valid reasons under Rule 4(2) of the Customs Valuation Rules. They argued that the Commissioner's reasons for rejection did not relate to Rule 4(2) and that the authority should have first rejected the transaction value on valid grounds before assessing based on other factors. The appellants cited relevant court judgments to support their case and requested a reduction in the fine and penalty.

Respondent's Submission:
The Respondent, represented by the ld. SDR, argued that the Commissioner rejected the transaction value under Rule 4(2)(a) and contended that the rejection was in accordance with the rule. The Respondent opposed the appellants' request for reduction of fine and penalty.

Tribunal's Decision:
After considering the submissions, the Tribunal agreed with the appellants that the transaction value was rejected without valid reasons under Rule 4(2) of the Customs Valuation Rules. The reasons provided by the Commissioner did not fall under the exceptions laid down in the rule. The Tribunal referred to previous court judgments where transaction values were accepted when no exceptions under Rule 4(2) existed. Consequently, the Tribunal set aside the Commissioner's valuation and directed the acceptance of the declared value for duty levy purposes. The Tribunal also reduced the redemption fine to Rs. 2.5 lakhs and the penalty to Rs. 85,000/- based on the declared value of the goods.

Modification of Order:
The impugned order was modified accordingly, and the appeal was disposed of by the Tribunal.