2009 (10) TMI 730 - AT - Customs

Summary

Issues:
- Appeal against Order-in-Appeal No. CC(A)/89/D-II/ICD/06 dated 13-11-2006
- Enhancement of value of used monitors from US$ 3 per piece to US$ 14 per piece
- Import of goods without license
- Confiscation of goods
- Reduction of redemption fine and penalty

The appeal before the Appellate Tribunal CESTAT NEW DELHI was lodged by the department challenging the Order-in-Appeal No. CC(A)/89/D-II/ICD/06 dated 13-11-2006 issued by the Commissioner (Appeals). The dispute revolved around the enhancement of the value of 987 imported used monitors from US$ 3 per piece to US$ 14 per piece. The original authority had confiscated the goods for being imported without the required license and had raised the value to Rs. 6,34,938/-. The Commissioner (Appeals) did not support the increase in value but upheld the confiscation, albeit reducing the redemption fine and penalty imposed.

During the hearing, it was noted that there was no evidence presented by the department to prove that the parties had agreed to the enhanced value or that there was any documentation supporting the original authority's valuation decision. The Tribunal observed that the valuation of used monitors cannot be determined by comparing them with standard goods and no technical report was provided by the department to justify the enhancement. Consequently, the Commissioner (Appeals) was found to be correct in not approving the value increment. As the declared value of US$ 3 per piece was accepted, the reduction in redemption fine and penalty by the Commissioner (Appeals) was deemed reasonable and did not warrant any intervention.

Ultimately, the Tribunal dismissed the department's appeal, thereby affirming the decision of the Commissioner (Appeals) and rejecting the claim for enhancement of the value of the imported used monitors.