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2011 (7) TMI 989 - AT - CustomsAssessable value - Misdeclaration in quantity - Confiscation - Held that admittedly the Commissioner of Customs (Imports) Mumbai has issued the guidelines for adopting the assessable value of the lesser known brand Chinese brand therein. Such guidelines have been issued after taking into account the average cost of material wastage manufacturing cost and other charges etc - Tribunal in the case of Techno Marketing v. CC Kolkata (2003 -TMI - 110156 - CESTAT NEW DELHI) - the adoption of the assessable value at the rate of US 1.60 per kg cannot be faulted upon - Decided against the assessee
Issues: Valuation of imported ball bearings, Misdeclaration of weight and value, Application of guidelines by Commissioner of Customs
In the judgment by the Appellate Tribunal CESTAT, New Delhi, the issue of valuation of imported ball bearings was addressed. The appellants were importing ball bearings from China and declared the assessable value based on the transaction value ranging from US $0.05 to US $0.368 per piece. However, after examination, it was found that the weight of the ball bearings was in excess. The Revenue argued that the valuation was lower than the prescribed value of US $1.60 per kg for Chinese origin ball bearings of lesser-known brands, as per a circular issued by the Commissioner of Customs. The lower adjudicating authority upheld the enhanced assessable value and confiscation of goods, leading to the appeals. The Tribunal considered the contentions of the appellants that the declared value was based on the invoice and contract with the supplier, with no evidence of additional payments. The Revenue referred to guidelines issued by the Commissioner of Customs for valuing ball bearings, considering factors like raw material cost and manufacturing expenses. The Tribunal noted that such guidelines were issued after extensive studies and collaboration with various departments and upheld their legal validity based on a previous case. Regarding the acceptance of manufacturer invoices, the Tribunal referenced a judgment by the Hon'ble High Court of Calcutta and distinguished the case of M/s. Sai Impex, emphasizing the application of specific guidelines by the Commissioner of Customs for assessing the value of Chinese origin ball bearings. Ultimately, the Tribunal upheld the adoption of the assessable value at US $1.60 per kg based on the guidelines and previous decisions. It also noted the failure of the appellants to provide evidence of correct valuation and weight, leading to the rejection of the appeals. The misdeclaration of weight and value rendered the goods liable to confiscation under the Customs Act, 1962. In conclusion, the Tribunal dismissed the appeals, emphasizing the importance of accurate declaration of weight and value in import transactions and the legal validity of guidelines issued by the Commissioner of Customs for assessing the value of imported goods.
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