2013 (1) TMI 176 - AT - Customs

Assessee imported medical equipments - These are used and donated by some foreign resident - Chartered Engineer was appointed for the purpose of valuation of goods and payment of duty - On the basis of that valuation, duty was paid, goods were released - Held that - The goods have been donated by foreign resident with the certificate that the goods have no commercial value. We further find that the goods are used one. So the value shown in the document is merely to bring the fact that they have made donation of such huge amount. Therefore, the value shown in the document prima facie cannot be relied. Therefore, the applicants have made out a case for hundred percent waiver.

Summary

Issues:
1. Valuation of imported medical equipment for duty payment.
2. Validity of document found during search for enhancement of value and duty payment.
3. Applicability of penalties for misdeclaration of value of imported goods.
4. Consideration of charitable institution status for duty waiver.

Analysis:
1. The case involved the import of medical equipment by a charitable hospital as a donation from a foreign resident. A Chartered Engineer was appointed for valuation purposes, and duty was paid based on this valuation. However, a document found during a search led to a show-cause notice for enhancement of value and duty payment, along with penalties for misdeclaration of value.

2. The counsel for the hospital argued that since the goods were donated and had no transaction value, the Chartered Engineer's valuation was appropriate. They contested the relevance of the document found during the search, stating that it indicated the goods had no commercial value and were secondhand, making it unreliable for valuation purposes.

3. On the contrary, the Revenue representative argued that the document did mention a value for the goods, which was not presented during the goods' clearance. They asserted the document's significance in determining the correct assessable value for duty calculation.

4. After considering both arguments, the tribunal found that the donated goods were certified to have no commercial value and were used items. Therefore, the value stated in the document was primarily to acknowledge the significant donation rather than for duty calculation. As a result, the tribunal granted a hundred percent waiver on the duty and penalties for the main applicant, as well as penalties for co-applicants, during the appeal's pendency, considering the charitable nature of the institution.

This judgment highlights the importance of accurately valuing imported goods for duty payment, especially in cases involving charitable institutions and donated items. It emphasizes the need to assess the true nature and purpose of the imported goods to determine the appropriate duty and penalty considerations, ensuring fairness and compliance with legal requirements.