2000 (9) TMI 1084 - AT - Customs

Summary

Issues: Valuation of Di-octyl Pathalate (DOP) imported from Korea

Analysis:
The dispute in the appeal revolves around the valuation of Di-octyl Pathalate (DOP) imported by the appellants from Korea. The appellants declared the price as US $590 CIF per M.T., while the Revenue raised the assessable value to US $888 CIF per M.T. The appellants imported directly from the manufacturers, M/s. I.G. International Corporation, a well-reputed Korean manufacturer. The adjudicating authority relied on a Chemical Trade Intelligence Bulletin to justify the increased value, which the appellants contested. They argued that the Bulletin's entries were not comparable to their import quantity of 48,000 kgs and lacked authenticity. The appellants emphasized that their importation was directly from the manufacturer, supported by invoices and a manufacturer's certificate confirming the sale price. Citing precedents, the appellants contended that the enhancement of assessable value was unjustified.

The Revenue, represented by Shri R.K. Roy, supported the adjudicating officer's decision, citing evidence of higher valued imports of identical items during the relevant period. However, the Tribunal carefully considered both sides' submissions. They found merit in the appellant's argument that the Bulletin entries were not contemporaneous imports due to the significantly lower quantities compared to the appellant's import. Moreover, the Bulletin did not disclose the country of origin. The Tribunal noted that the appellants imported directly from the manufacturer, implying a lower value. Critically, the Revenue failed to provide evidence justifying the rejection of the transaction value supported by the manufacturer's certificate. Consequently, the Tribunal concluded that the transaction value could not be rejected based on the Bulletin entries lacking legal validity. The Tribunal set aside the impugned order, allowing the appeal and granting consequential reliefs to the appellants.