2015 (11) TMI 817 - AT - Customs

Valuation - Enhancement in value - Imposition of penalty - Held that - enhancement of value has been done merely on the basis of the statements of the indenters who too spoke about value of the said goods in Malaysia. Enhancement of value merely on the basis of such statements of the indenters in the absence of any inculpatory statement of the assessee appellant and without the support of value of any contemporaneous imports of identical / similar goods is totally unsustainable particularly when the impugned goods came from UAE and not from Malaysia. When the allegation of undervaluation is not sustainable the question of RF and penalty simply does not arise. - Impugned order is set aside - Decided in favour of assessee.

Issues:
1. Valuation of imported goods
2. Confiscation of goods and imposition of redemption fine
3. Demand of customs duty and penalty imposition
4. Involvement of individuals in the case
5. Upholding of value loading without sufficient evidence
6. Enhancement of value based on statements of indenters

Valuation of imported goods:
The case involved appeals against an order-in-appeal related to the primary adjudication order. The primary adjudication order rejected the declared unit price of the imported goods and re-determined the value, leading to a demand for customs duty and imposition of penalties. The appellate tribunal examined the issue of value loading and found that the case was built on samples drawn from the imported goods, which were found to be mis-declared for pecuniary advantages. The tribunal upheld the value loading, considering the test results and contemporaneous import values.

Confiscation of goods and imposition of redemption fine:
The primary adjudication order held certain goods liable for confiscation under specific sections of the Customs Act, 1962, but imposed a redemption fine in lieu of confiscation since the goods had already been released provisionally. The appellate tribunal reviewed this decision and found the redemption fine appropriate given the excess duty involved. The differential duty demand and penalty imposition were upheld based on the findings related to the mis-declaration of goods.

Demand of customs duty and penalty imposition:
The primary adjudication order demanded customs duty against specific bill entries and imposed penalties on the importer and other involved individuals under relevant sections of the Customs Act, 1962. The appellate tribunal examined the evidence and upheld the differential duty demand and penalties, considering the involvement of the parties in the mis-declaration of goods.

Involvement of individuals in the case:
The case involved penalties imposed on the importer, the proprietor, and another individual for their roles in the mis-declaration of goods. The tribunal differentiated between the penalties imposed on the proprietorship firm, the proprietor, and the other individual based on their respective involvements in the case.

Upholding of value loading without sufficient evidence:
The appellate tribunal noted that the loading of value was upheld primarily based on statements of indenters without sufficient corroborative evidence. The tribunal highlighted the lack of additional evidence regarding the involvement of the importer and one of the individuals in the import, leading to a reconsideration of the penalties imposed.

Enhancement of value based on statements of indenters:
The enhancement of value was done solely based on statements of indenters regarding the prevailing prices of similar goods in Malaysia. However, the tribunal found this enhancement unsustainable in the absence of inculpatory statements from the appellant and without support from contemporaneous import values of identical goods, especially since the goods were imported from UAE, not Malaysia. Therefore, the tribunal set aside the impugned order and allowed the appeals.

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