2007 (9) TMI 164 - AT - Customs

Enhancement of value of goods on basis of contemporaneous imports Held that value cannot be enhanced on basis of goods which are not of same or similar to the goods in question and which are not imported from the same country.

Summary

Issues:
Value enhancement based on different goods description in bills of entry.

Analysis:
The appellant filed an appeal against an order by the Commissioner (Appeals) regarding the import of Self Adhesive Plastic Sheeting with paper lining in rolls. The revenue enhanced the value based on imports by other importers, leading to an assessment at a higher rate. The appellant contended that the bills of entry relied upon by the adjudicating authority were not for the same or similar goods. They argued that the description and country of origin in the bills of entry differed from their imports. The revenue asserted that self-adhesive tapes were imported in both cases and the value was enhanced correctly. However, the Tribunal found that the goods imported by the appellant were specifically declared as Self adhesive plastic sheeting with paper lining in rolls, while the bills of entry and invoices referred to by the revenue described plastic sheets of various sizes. As the imports relied upon by the revenue were not of the same or similar goods, the Tribunal concluded that the enhancement of rates based on those bills of entry was not sustainable. Therefore, the impugned order was set aside, and the appeal was allowed.