2016 (11) TMI 172 - AT - Customs

Valuation - 24.030 MT of unwrought, unalloyed electrolytic nickel cathodes - assessable value - enhancement of declared price of of US 7055 per MT to US 8420 per MT - London Metal Exchange - Held that - the decision in the case of Eicher Tractors Ltd v. Commissioner of Customs, Mumbai 2000 (11) TMI 139 - SUPREME COURT OF INDIA relied upon where it was held that rejection of declared value with valid reasons to be a pre-requisite for sequential application of rule 5 to rule 8 before arriving at the assessable value. The difference in approach between the earlier and later Rules finds a significant place in the judgement - The impugned order has not followed the prescriptions laid down in the prevailing Rules as detailed in the decision in Eicher Tractors Ltd for enhancement of assessable value. Therefore, the upward revision is without authority of law. Duties of customs on the said import shall be levied on the declared value - appeal allowed - decided in favor of appellant.

Issues: Valuation of imported goods based on declared price, relevance of contract price, application of Customs Valuation Rules, rejection of declared value, sequential application of valuation rules.

Issue 1: Valuation of Imported Goods Based on Declared Price
The dispute in this case revolves around the valuation of 24.030 MT of 'unwrought, unalloyed electrolytic nickel cathodes' imported by M/s Panchmahal Steel Ltd. The proper officer of customs enhanced the declared price of US $7055 per MT to US $8420 per MT, based on the London Metal Exchange price on the date of shipment with a premium. The importer argued that the contract price based on the London Metal Exchange price as on 8th October 1999 should be adopted for assessment. However, the authorities disregarded the contract price, citing the need to determine the value as on the date of importation, and relied on a price proximate to the date of importation as mandated by section 14 of the Customs Act, 1962.

Issue 2: Relevance of Contract Price
The importer contended that a previous case where the Commissioner (Appeals) allowed the contract price to prevail should apply in this situation. However, this argument was rejected as the contract had not been registered with the Custom House or supported by a letter of credit, making it not a firm contract. The authorities upheld the enhancement of the assessable value, emphasizing the need to determine the value as on the date of importation rather than relying on the contract price.

Issue 3: Application of Customs Valuation Rules
The appellant relied on various decisions by the Hon'ble Supreme Court and the Tribunal to support their case. However, the authorities did not provide reasons for rejecting the declared price as the transaction value under rule 4 of the Customs Valuation Rules, 1988. The judgment in re Rajkumar Knitting Mills (P) Ltd was cited to justify the adoption of the London Metal Exchange price prevailing on the date of shipment over the contract price from a more distant past.

Issue 4: Rejection of Declared Value and Sequential Application of Valuation Rules
The decision of the Hon'ble Supreme Court in Eicher Tractors Ltd v. Commissioner of Customs highlighted the importance of rejecting the declared value with valid reasons before sequentially applying rules 5 to 8 to determine the assessable value. The impugned order in this case did not follow the prescribed rules for enhancement of the assessable value, leading to an upward revision without legal authority. Consequently, the declared value was deemed acceptable for levying customs duties, and the impugned order was set aside with consequential relief.

This detailed analysis of the judgment highlights the key issues surrounding the valuation of imported goods, the relevance of contract price, the application of Customs Valuation Rules, and the importance of following the prescribed valuation procedures to ensure legal compliance in customs assessments.

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