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2008 (7) TMI 273 - AT - CustomsValue of imported goods (Iranian sultanas) was enhanced, as the identical goods are available in the international market at a higher price - held that there is no information regarding import of similar/ identical goods at a higher price - SCN proposed to enhance the value from U.S. 700 to U.S. 750 per M.T. - adjudication order enhancing the value to U.S. 1262 per M.T. is beyond the scope of SCN enhancement is not sustainable
Issues:
Enhancement of value of imported goods beyond the scope of show cause notice. Analysis: The appellant imported Iranian sultanas with a declared value of U.S. $ 700 per M.T., which was later enhanced to U.S. $ 1262 per M.T. The appellant contended that the enhancement was beyond the scope of the show cause notice, which proposed an increase to U.S. $ 750 per M.T. The appellant argued that there was no evidence of similar goods being imported at a higher value. The adjudicating authority acknowledged the lack of information on imports of similar goods at prevailing international market prices. The revenue justified the enhancement based on the availability of identical goods at a higher price globally. The Tribunal noted that the show cause notice proposed an increase to U.S. $ 750 per M.T., but the final assessment raised the value to U.S. $ 1262 per M.T., exceeding the notice's scope. Additionally, the adjudicating authority admitted the absence of evidence regarding imports of similar goods at higher prices. The Tribunal found no instances in the order demonstrating imports of identical or similar goods at values exceeding the appellant's declaration. Consequently, the Tribunal set aside the impugned order and allowed the appeal. In conclusion, the Tribunal ruled that the enhancement of the imported goods' value beyond the show cause notice's scope was unjustified, especially considering the lack of evidence supporting the higher valuation. The decision highlights the importance of adhering to the specifics outlined in show cause notices and ensuring that adjudication orders are based on concrete evidence and information regarding prevailing market prices for similar goods.
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