2006 (11) TMI 534 - AT - Customs

Summary

Issues:
1. Revision of value of imported goods without chartered engineer's certificate.
2. Reliance on expert opinion without opportunity for cross-examination.
3. Consideration of chartered engineer's certificate for valuation.

Issue 1: Revision of value of imported goods without chartered engineer's certificate
The appeal arose from an Order-in-Appeal accepting the revision of value of imported machinery without the production of a chartered engineer's certificate. The Commissioner (A) set aside the fine and penalty but revalued the goods based on an expert's opinion from M/s. Cochin Shipyard. The appellant contested that the expert opinion was not provided to them, and the reliance on the opinion of Shri P.P. Valsalam, Manager of M/s. Cochin Shipyard, who was not an expert in engineering, violated natural justice principles. The Tribunal noted the absence of the chartered engineer's certificate in the file and directed a remand to the Commissioner (A) to consider the certificate for assessing the value of the imported goods.

Issue 2: Reliance on expert opinion without opportunity for cross-examination
The Tribunal raised concerns about the expert opinion provided by Shri P.P. Valsalam, Manager of M/s. Cochin Shipyard, as he was not established as an expert in engineering and was not subjected to cross-examination. Emphasizing that only an expert could determine the market value of goods, the Tribunal deemed the opinion unacceptable. The appellants had presented a chartered engineer's certificate, which the Commissioner (A) did not find in the file. The Tribunal directed the Commissioner (A) to consider the certificate, allow the appellants an opportunity, and ensure compliance with natural justice principles in passing the order within a specified timeframe.

Issue 3: Consideration of chartered engineer's certificate for valuation
The Tribunal highlighted the importance of considering the chartered engineer's certificate provided by the appellants for justifying the valuation of imported goods. Despite the absence of the certificate in the file reviewed by the Commissioner (A), the Tribunal acknowledged the production of the certificate along with the paper-book. Consequently, the Tribunal remanded the matter to the Commissioner (A) with clear instructions to evaluate the imported goods' assessable value based on the chartered engineer's certificate and to adhere to the principles of natural justice in the decision-making process.