2007 (11) TMI 51 - AT - Customs

Date of loading was mis-declared on Bill of Lading Price clause is based on the date of bill of lading In view of contemporaneous imports & comparable quantity of identical goods impugned price based on date of bill of lading is not trustworthy, hence Price Enhancement by Comm.(A) is sustainable

Summary

Issues: Valuation of imported Furnace Oil

Analysis:
The dispute in the present appeal revolves around the valuation of Furnace Oil imported by the appellant from a specific supplier. The appellant declared the assessable value at USD 129 per unit price, but the authorities below increased it to USD 145.10 PMT. The key contention is the methodology for determining the price, as outlined in the spot fuel oil sales confirmation and the letter of credit. These documents specify a pricing formula based on PLATTS quotations and additional premium, which was also reflected in the bill of entry for clearance of the goods. However, discrepancies arose regarding the loading date of the consignment on the vessel, leading to questions about the accuracy of the bill of lading date and the consequent valuation based on it.

The Assistant Commissioner and the Commissioner (Appeals) both concluded that the consignment was not loaded on the vessel on the date indicated in the bill of lading. Consequently, they justified the enhancement of the price by referring to the value of contemporaneous goods imported by another entity from the same supplier at a higher price. The authorities' decision was based on the discrepancy in departure dates and the evidence from the ship's records, which indicated that the cargo was not loaded as per the initial bill of lading date. Therefore, they deemed the price adjustment as appropriate and upheld the valuation enhancement.

The appellant's attempt to rely on a previous Tribunal decision was deemed inapplicable to the current case due to differences in the quantity of comparable goods and the absence of doubts regarding the authenticity of the bill of lading in the previous case. In contrast, the present case presented clear evidence of discrepancies in the movement dates of the vessel, reinforcing the Revenue's justification for adopting the value of contemporaneous goods exported by another entity from the same supplier. Consequently, the Tribunal upheld the impugned order and dismissed the appeal, emphasizing the importance of accurate valuation based on reliable documentation and contemporaneous transactions.

In conclusion, the judgment highlights the significance of adhering to precise valuation methodologies based on verifiable data in international trade transactions. The decision underscores the need for consistency and transparency in determining the assessable value of imported goods, particularly when discrepancies arise regarding the loading dates and supporting documentation.