2014 (11) TMI 956 - AT - Customs

Valuation of goods - - Enhancement in value of goods - Held that - Commissioner (Appeals) earlier remanded the matter to the adjudicating authority. It is seen that the adjudicating authority again accepted the value declared by the respondent - Decided against Revenue.

Summary

Issues involved:
1. Stay of operation of the order passed by the Commissioner (Appeals)
2. Dispute regarding valuation of imported goods
3. Challenge of assessment orders before the Commissioner (Appeals)
4. Acceptance of transaction value by the adjudicating authority
5. Appeal by Revenue against the orders
6. Consideration of facts by the Commissioner (Appeals)

Analysis:

1. The Revenue filed applications for stay of the order passed by the Commissioner (Appeals). The Appellate Tribunal decided to hear the appeals along with the stay petition, ultimately rejecting the stay applications and proceeding with the appeals for hearing.

2. The dispute revolved around the valuation of Non-Alloy Cold Rolled Steels & Non-Alloy Hot Rolled Steels imported by the respondent from their related foreign suppliers. The Special Valuation Branch (SVB) reports were considered, leading to an enhancement of the assessable value by 5% by the assessing officer. The respondent challenged the adjudication order, which was remanded for de novo adjudication. The assessing officer eventually accepted the transaction value, leading to the Commissioner (Appeals) setting aside the assessment orders of 21 Bills of Entry based on the acceptance of the transaction value.

3. The Revenue filed appeals against the Commissioner (Appeals) order, contending that the order was passed without considering the appeal against the earlier order. The adjudicating authority reiterated the acceptance of the value declared by the respondent, leading to the rejection of the Revenue's appeals by the Appellate Tribunal.

4. The Appellate Tribunal found no merit in the Revenue's appeals, as the adjudicating authority consistently accepted the transaction value declared by the respondent. The appeals were thus rejected, and the stay applications were disposed of without delving into the merits of the case.

This judgment highlights the importance of consistency in valuation decisions and the impact of remanded matters on subsequent adjudications. The Appellate Tribunal's decision underscores the significance of factual considerations and adherence to procedural requirements in customs valuation disputes.