2011 (2) TMI 1249 - AT - Customs

Valuation of goods - value of imported goods were enhanced on which the duty was paid by the respondent without any protest Held that -respondent have produced the records of negotiations made with their foreign suppliers for the impugned goods and considering the submissions of the respondent, the lower appellate authority has set aside the adjudication order, valuation of goods wherein the value was enhanced without any evidence, appeal filed by the Revenue is rejected

Summary

Issues:
1. Appeal against loading of enhanced value set aside by lower appellate authority.

Analysis:
The appeal before the Appellate Tribunal CESTAT, New Delhi was filed by the Revenue against the impugned order where the loading of enhanced value was set aside by the lower appellate authority. The case involved the import of goods - 49 pieces of WIC-IT and one piece of MN-IFE-TX, where the valuation of the goods was disputed. The Revenue argued that the valuation available on the Internet was higher than shown in the Bill of Entry, leading to an enhancement of the value of imported goods on which duty was paid without protest by the respondent. The lower appellate authority set aside this enhancement, prompting the Revenue's appeal.

The Revenue contended that the respondents undervalued the imported goods, and the adjudicating authority arbitrarily enhanced the value without proper evidence or basis. On the other hand, the respondent's advocate argued that the enhancement was unjustified and lacked evidentiary support. The lower appellate authority rejected the adjudication order after considering the submissions made by the respondent regarding negotiations with foreign suppliers for the goods in question.

The Tribunal carefully considered the arguments from both sides. It noted that the adjudicating authority based the valuation on Internet prices without considering contemporaneous imports or providing a basis for the enhanced value, which violated principles of natural justice. The lower appellate authority, on the other hand, reviewed the respondent's submissions regarding negotiations with foreign suppliers and set aside the adjudication order. The Tribunal distinguished a previous case cited by the Revenue, emphasizing that the issue in the present case was about the valuation of goods without proper evidence, unlike the classification issue in the cited case.

After thorough consideration, the Tribunal found no infirmity in the lower appellate authority's decision and upheld the impugned order, ultimately rejecting the Revenue's appeal. The judgment was pronounced in court, bringing the matter to a close.