2018 (8) TMI 1833 - AT - Customs

Valuation of imported goods - Heavy Melting Scrap - enhancement of value based on NIDB data - HELD THAT - The allegations and findings that the consignment partially consisted re-rollable scrap are based upon the visual examination of the goods by the Customs Officer himself and there is virtually no evidence of any expert person to establish it beyond doubt that the goods were not Heavy Melting Scrap but re-rollable scrap. The appellant have explained that so called re-rollable scrap was old used and defective materials which were imported for the purposes of utilization in furnace, as Heavy Melting Scrap - the value was enhanced by referring to NIDB data on which has been held to be not in accordance with law. There was misdeclaration as regards the quantity of the material. The excess quantum is almost one third (1/3) of the total weight of the goods declared by the assessee, thus calling for their confiscation and imposition of penalty upon the appellant - the said excess goods would be cleared by the appellant on payment of duty leviable thereon by adopting the declared value. Redemption Fine - penalty - HELD THAT - Commissioner has confiscated the entire consignment on the findings of undervaluation with an option to the appellant to redeem the same on payment of redemption fine of ₹ 4 lakhs as has imposed penalty of ₹ 2 lakhs. Inasmuch as we have extended the benefit of valuation and has upheld confiscation of only the excess found goods, we reduce the redemption fine to ₹ 1 lakh and penalty to ₹ 50,000/-. Appeal allowed in part.

Summary

Issues:
1. Alleged misdeclaration of imported goods.
2. Enhancement of value based on NIDB data.
3. Confiscation of goods and imposition of penalties.
4. Redemption fine and penalty imposed.

Analysis:

Alleged Misdeclaration of Imported Goods:
The case involved the importation of Heavy Melting Scrap where the appellant filed Bill of Entries at the declared value. However, upon examination, it was found that the consignment also contained re-rollable scrap to the extent of around 30%. The Customs Officer visually examined the goods and alleged misdeclaration based on the presence of re-rollable scrap. The appellant contended that the material was old, used, and defective, intended for utilization in a furnace as Heavy Melting Scrap. The Tribunal noted the lack of expert evidence to conclusively establish the nature of the goods and found no justification for the enhancement of value based on NIDB data, which was deemed inconsistent with legal precedents.

Enhancement of Value Based on NIDB Data:
The Revenue proceeded to enhance the value of the consignment by referring to NIDB data for re-rollable scrap. However, the Tribunal observed that the reliance on NIDB data was not in accordance with the law, as numerous Tribunal decisions had held. The Tribunal concluded that the enhancement of value based on NIDB data was unjustified, especially considering the appellant's explanation regarding the nature of the imported materials as old and defective, intended for use as Heavy Melting Scrap.

Confiscation of Goods and Imposition of Penalties:
The proceedings initiated by the Revenue resulted in an order enhancing the value, confirming the differential duty, confiscating goods, and imposing penalties. The Tribunal found that there was misdeclaration regarding the quantity of the material, with the excess amount constituting almost one third of the total weight declared by the appellant. Consequently, the Tribunal upheld the confiscation of only the excess goods, allowing clearance upon payment of duty at the declared value. The Tribunal also reduced the redemption fine and penalty imposed by the Commissioner, considering the benefit of valuation extended to the appellant.

Redemption Fine and Penalty Imposed:
The Commissioner had confiscated the entire consignment due to undervaluation, offering the appellant the option to redeem the goods upon payment of a redemption fine and penalty. However, the Tribunal, after considering the valuation issue and the nature of the goods, reduced the redemption fine and penalty to a lower amount. The Tribunal partially allowed the appeal by reducing the redemption fine and penalty to &8377; 1 lakh and &8377; 50,000, respectively, based on the findings related to the misdeclaration and valuation of the imported goods.