2022 (8) TMI 1408 - AT - Customs

Over-valuation of the goods that were imported for the purpose of setting up Transmission Line and Substation in the State of Maharashtra - Confiscation - Penalty - HELD THAT - The prayer made in the present Customs Appeal is identical to the prayer made in OMMISSIONER OF CUSTOMS (IMPORT) VERSUS M/S. MAHARASHTRA EASTERN GRID POWER TRANSMISSION COMPANY LIMITED (MEGPTCL) , M/S. PMC PROJECTS (INDIA) PRIVATE LIMITED, M/S. ELECTROGEN INFRA FZE, SHRI VINOD SHANTILAL SHAH ALIAS VINOD SHANTILAL ADANI, SHRI JATIN SHAH, SHRI MITESH DANI, SHRI MEHUL JANI, SHRI JAYDEV MISHRA AND SHRI DHARMESH PAREKH 2022 (9) TMI 23 - CESTAT MUMBAI where it was held that there is absolutely no evidence available on record which can create a doubt on the correctness of the declared transaction value. Therefore, the declared transaction value is required to be accepted under rule 3 of the Valuation Rules read with section 14 of the Customs Act. Appeal dismissed.

Summary

Issues:
Allegation of over-valuation of imported goods for setting up Transmission Line and Substation in Maharashtra.

Analysis:
The appeal was filed by the Commissioner of Customs (Imports), Maharashtra challenging the dropping of proceedings against the respondents by the adjudicating authority. The main issue revolved around the allegation of over-valuation of goods imported for setting up a Transmission Line and Substation in Maharashtra. The respondents in the appeal were Maharashtra Eastern Grid Power Transmission Company Ltd. (MEGPTCL) and M/s. PMC Projects (India) Pvt. Ltd. The prayer in the appeal included setting aside the impugned order, sustaining the allegations of gross-overvaluation, confirming consistency with Customs Act provisions, and holding the seized goods liable for confiscation and penalty under relevant sections.

The order passed by the adjudicating authority was also challenged in another Customs Appeal, which had similar prayers and was dismissed. Consequently, this appeal was also dismissed on the grounds that it deserved the same fate as the previously dismissed appeal. The judgment was pronounced on 11th August 2022 by the Hon'ble members of the tribunal, Justice Dilip Gupta and Mr. P. Anjani Kumar.