2011 (10) TMI 216 - AT - Customs

Valuation of Imported Goods - Held that - there is no reference of contemporaneous higher prices of identical goods - importer failed to submit manufacturer s invoice or manufacturer s price cannot be held ground for enhancing the value unless the evidence to the contrary is shown.Decided in favour of assessee.

Summary

Issues: Dispute over value of imported goods declared in bill of entry.

In the present case, the Revenue filed an appeal against the order passed by the Commissioner (Appeals) regarding the value of imported goods declared by the respondents in the bill of entry. The Commissioner (Appeals) had held that there was no reason for rejection of the transaction value or enhancement of value, citing the Hon'ble Supreme Court decision in the case of Eicher Tractors Limited-2000 (122) ELT 321. The Commissioner emphasized that the transaction value cannot be rejected without clear and cogent evidence from the department regarding quantity, quality, country of origin, and place and time of import. Since no such evidence was produced by the revenue, the Commissioner allowed the appeal filed by the respondents. The Revenue's appeal was based on the grounds that there was no reference to contemporaneous higher prices of identical goods, and the importer failed to submit the manufacturer's invoice or price list. However, the Appellate Tribunal found that the NIDB data alone could not be the basis for enhancing the value without positive evidence showing the transaction value to be incorrect. The mere failure of the importer to submit the manufacturer's invoice or price list was not sufficient grounds for enhancing the value without contrary evidence. Therefore, the Tribunal rejected the Revenue's appeal and upheld the decision of the Commissioner (Appeals) as there was no justifiable reason to interfere with the impugned order.