2014 (1) TMI 738 - AT - Customs

Valuation of imported polyester knitted fabric - rejection of value - Lack of evidence to prove commercial value - Held that - Customs has power to reject the transaction value and enhance the assessable value in terms of Customs Valuation Rules. However, such rejection of transaction value and enhancement of assessable value has to be on the basis of some evidences on record. Contemporaneous imports have to be considered in reference to quality, quantity and country of origin with the imports under consideration. It has been held in a number of decisions that NIDB data cannot be made the basis for enhancement of value. Commissioner (Appeals) has relied upon various decisions of the Tribunal for holding any enhancement in assessment value, the transaction value has to be first rejected based on legal permissible ground as indicated in the Valuation Rules - Revenue has not advanced any such evidences to support their case. Inasmuch as, no evidence of rejection of transaction value stands produced by the authority - Decided against Revenue.

Summary

Issues:
Dispute over assessable value of imported polyester knitted fabric. Revenue's appeal against Commissioner (Appeals) order.

Analysis:
The dispute in this case revolves around the assessable value of imported polyester knitted fabric by the respondents. The Commissioner (Appeals) ruled in favor of the respondents citing reasons such as the Department not providing a valid reason for loading the value, lack of expert opinion or evidence from another importer, and failure to present any evidence to reject the transaction value as the true commercial value of the goods.

The Revenue contended that as per the proviso of Section 14 of the Customs Act, 1962, the value of imported goods should be the transaction value, which is the price actually paid or payable for the goods when sold for export to India. They argued that the Customs authority had the right to re-determine the price if they doubted the correctness of the price paid by the importer. The Revenue claimed that the Commissioner (Appeals) erred in not considering the evidence provided, including NIDB data, to support their case and that speaking orders were not necessary in cases where importers agreed to enhancement as per Board's Circular.

The Tribunal acknowledged the Customs' authority to reject transaction value and enhance the assessable value but emphasized that such action must be based on evidence. They highlighted that contemporaneous imports should be considered in terms of quality, quantity, and country of origin. The Tribunal also noted that the NIDB data alone cannot be the basis for enhancing value. They referenced previous decisions and the Supreme Court ruling to support the requirement of clear and cogent evidence for rejecting transaction value. Since the Revenue failed to provide such evidence in their appeal, the Tribunal found no reason to overturn the Commissioner (Appeals) decision.

Additionally, the Tribunal highlighted that the Commissioner (Appeals) had found that the importer had requested a speaking order, contradicting the Revenue's claim that the enhancement was done with the importer's consent. Ultimately, the Tribunal rejected the Revenue's appeal based on the lack of evidence supporting their case and affirmed the Commissioner (Appeals) order.

This judgment underscores the importance of presenting clear evidence and valid reasons when challenging the transaction value of imported goods and enhancing the assessable value, as per the Customs Valuation Rules and legal precedents.