2011 (7) TMI 189 - AT - Customs

Import of goods - Value of the consignment - The imports were investigated by the authorities and vide order-in-original dated 19.8.2008, after considering the evidences put forth by the appellant, the adjudicating authority did not load the value of the consignment and directed to clear the consignment as per declared invoice value - Find that the Ld. Commissioner (Appeals) before loading the value of the consignment by 70%, should have heard the assessee - Hence, it is an issue of valuation and principles of natural justice are violated in as much that the assessee data is relied for loading where there could be as explanation - At the same time as this issue is being of loading of the value on goods imported by the assessee need to be done so based upon the factual matrix, deem it fit to remit the matter back to the adjudicating authority to re-consider the issue afresh without expressing any opinion on the merits of the case and keeping all the issues open - The appeal is thus allowed by way of remand

Summary

Issues:
Valuation of imported goods, violation of principles of natural justice, remand for reconsideration.

Valuation of Imported Goods:
The appellant imported goods from a related company in Germany. The authorities, after investigation, did not load the value of the consignment based on the evidence provided by the appellant. However, the Commissioner (Appeals) later decided to load the value by 70% based on additional data submitted by the appellant. The appellant argued that they should have been asked to explain the difference in value before such a decision was made. The Departmental Representative highlighted that the appellant did not disclose the relationship in the questionnaire initially. The Tribunal observed that the Commissioner (Appeals) should have heard the assessee before loading the value and that principles of natural justice were violated. The matter was remanded back for reconsideration to ensure a fair assessment based on the factual matrix without expressing any opinion on the merits of the case.

Violation of Principles of Natural Justice:
The Tribunal found that the loading of the value on the imported goods without giving the assessee an opportunity to explain the difference in value violated the principles of natural justice. It was emphasized that in matters of valuation, it is crucial to follow due process and allow the concerned party a chance to provide explanations or clarifications. The Tribunal deemed it necessary to remit the case back to the adjudicating authority to re-examine the issue while ensuring that principles of natural justice are adhered to throughout the process.

Remand for Reconsideration:
Considering the issues of valuation and the violation of natural justice, the Tribunal decided to remand the case back to the adjudicating authority for a fresh consideration. The Tribunal directed the authority to re-evaluate the matter following the principles of natural justice, allowing both parties a fair opportunity to present their case. The appeal was allowed by way of remand, emphasizing the importance of a thorough and just assessment in matters concerning the valuation of imported goods.