2019 (10) TMI 1336 - AT - Customs

Valuation of export goods - Leather Waist Coat - rejection of declared value - whether the appellant has misdeclared the export consignment in respect of value thereof, which as per the department is highly inflated? - HELD THAT - It is apparent from the order that Adjudicating Authority has not followed Rule 4 of the Customs Valuation Rules and directly came to Rule 5(a) and (c) thereof, which is legally incorrect. From the impugned order it is not evident as to why Rules 3 and 4 of the Export Valuation Rules has been discarded. Even remotely considering that Rule 5(a) or (c) of Export Valuation Rule is to be followed then there is no evidence of market value of export consignment other then the report of CLRI to arrive at the transaction value. Thus, this value is not acceptable for the export consignment. Also, the report of CSRI-CLRI is not the fair price of the goods as CLRI is not competent agency to decide present market value of export consignment. Personal penalty on Shri Birendra Kumar Tiwari - HELD THAT - Penalty not sustainable. Appeal allowed - decided in favor of appellant.

Summary

Issues Involved:
1. Confiscation of goods and denial of Drawback benefits.
2. Rejection and re-determination of the declared value of goods.
3. Imposition of penalties on the appellant company and its director.
4. Alleged misdeclaration of export consignment value.
5. Adherence to Customs Valuation (Determination of Value of Export Goods) Rules, 2007.
6. Validity and influence of the CSIR-CLRI report on the valuation of goods.
7. Principles of Natural Justice and procedural fairness.

Detailed Analysis:

1. Confiscation of Goods and Denial of Drawback Benefits:
The Commissioner of Customs ordered the confiscation of goods attempted to be exported under eight shipping bills dated 17-10-2016 under Sections 113(i) and 113(ia) of the Customs Act, 1962. The goods were allowed to be exported without any Drawback benefit, subject to payment of penalties. The adjudicating authority denied the Drawback of ?48,19,271/- sought by the appellant.

2. Rejection and Re-determination of the Declared Value of Goods:
The adjudicating authority rejected the declared value of ?5,07,29,168/- for 9460 pieces of Leather Waist Coats. The value was re-determined at ?1,000/- per piece, totaling ?96,40,000/-, based on Rule 5 of the Export Valuation Rules, 2007, read with Section 14 of the Customs Act, 1962. The department relied on the CSIR-CLRI report, which evaluated the manufacturing cost at ?833/- per piece.

3. Imposition of Penalties on the Appellant Company and Its Director:
Penalties were imposed on the appellant company (?1,00,00,000/- under Section 114(iii) of the Customs Act, 1962) and on the director (?50,00,000/- under Section 114AA of the Customs Act, 1962).

4. Alleged Misdeclaration of Export Consignment Value:
The department alleged that the appellant had overvalued the goods to avail higher Drawback benefits. The appellant argued that the burden of proof lies with the department and that no evidence was produced to establish gross misdeclaration. The appellant also contended that the CSIR-CLRI is not empowered to determine the value of the export consignment.

5. Adherence to Customs Valuation (Determination of Value of Export Goods) Rules, 2007:
The appellant argued that the adjudicating authority did not follow the sequential application of Rules 4 to 6 of the Export Valuation Rules. The adjudicating authority directly applied Rule 5, ignoring Rules 4 and 5, which mandate market inquiry as a last resort. The Tribunal found that the adjudicating authority did not follow the correct procedure under the Export Valuation Rules.

6. Validity and Influence of the CSIR-CLRI Report on the Valuation of Goods:
The Tribunal noted that the CSIR-CLRI report was influenced by the DRI, which suggested the possible price of the export consignment. The Tribunal found that the report was not an independent and fair evaluation of the price. The CSIR-CLRI is not an authorized agency to determine the prices of export consignments, which should be determined under the Export Valuation Rules.

7. Principles of Natural Justice and Procedural Fairness:
The Tribunal observed that the adjudicating authority's decision was influenced by the DRI's suggestions, compromising the fairness and impartiality of the order. The Tribunal held that the impugned order violated the principles of natural justice and was liable to be set aside.

Conclusion:
The Tribunal set aside the impugned order, finding that the adjudicating authority did not follow the correct valuation procedure and that the CSIR-CLRI report was influenced by the DRI. The penalties imposed on the appellant company and its director were also set aside. The appeals were allowed, and the confiscation of goods and denial of Drawback benefits were deemed unsustainable.