2012 (6) TMI 77 - AT - Customs

Enhancement of assessable value of glass beads (semi-finished) imported for garments at US 0.32 to US 1.00 per Kg.(CIF) on the basis of DOV data - lower assessable value of the contemporaneous import of the similar goods denied on the ground that the appellant have not produced any B/E in support of their contention - Held that - Now, the Appellant are in a position to submit the bills of entry numbers, which they have obtained through RTI, by evidencing the import at lower assessable value in case of similar goods. In these circumstances, the case is remanded to the Commissioner (Appeals) to decide the matter afresh.

Summary

Issues:
- Appeal against Order-in-Appeal No. Kol/Cus/CKP/25/2011
- Enhancement of assessable value for import of glass beads
- Failure to consider lower assessable value of contemporaneous imports
- Lack of bill of entry numbers to support contentions
- Description of goods as semi-finished glass beads

Analysis:
The Appellant filed an appeal against Order-in-Appeal No. Kol/Cus/CKP/25/2011, where the Commissioner of Customs (Appeals) upheld the lower Adjudicating Authority's order, which enhanced the assessable value for the import of glass beads. The Appellant declared the value at US $0.32 per Kg (CIF), which was later increased to US $1.00 per Kg (CIF) based on DOV data. The Appellant contended that the learned Commissioner did not consider the lower assessable value of contemporaneous imports due to the absence of bill of entry numbers supporting their claim. They argued that the goods were indeed semi-finished glass beads, supported by the bill of entry and the Order-in-Original, which was amended to reflect the Assessing Officer's direction. The Department, represented by the learned AR, emphasized the Appellant's failure to provide bill of entry numbers to substantiate their claims regarding the lower assessable value and the nature of the goods. The Commissioner (Appeals) found discrepancies in the description of the goods, stating they were labeled as glass beads without the qualifier "semi-finished."

Upon reviewing the submissions and records, the Appellate Tribunal noted that the Appellant now possessed bill of entry numbers obtained through RTI, demonstrating imports at a lower assessable value for similar goods. Consequently, the case was remanded to the Commissioner (Appeals) for a fresh decision, with all issues left open for reconsideration. The Tribunal acknowledged the prolonged pendency of the case since 2007 and directed the Commissioner (Appeals) to expedite the decision-making process while ensuring the Appellant receives a fair hearing. The appeal was allowed by way of remand, providing the Appellant with an opportunity to present the newly acquired bill of entry numbers to support their claims and clarify the nature of the imported goods as semi-finished glass beads.