2009 (5) TMI 12 - SC - Customs

Confiscation and penalty - undervaluation in the import of cloves by the appellant with intent to evade customs duty - appellant although claimed a transaction value, but such value could not be supported by production of the original contract or the invoices relating to procurement - department has also relied upon the contemporaneous documents like the Weekly Bulletin of Spices Market and also the Public Ledger revenue s case is based on cogent reasons - Department has correctly imposed proper assessment value

Summary

Issues Involved:
1. Determination of the transaction value for the imported goods.
2. Validity and evidentiary value of the documents produced by the appellant.
3. Applicability of Section 14 of the Customs Act, 1962 and Rules 4, 5, and 10A of the Customs Valuation Rules, 1988.
4. Justification for the penalties imposed on the appellant.

Issue-wise Detailed Analysis:

1. Determination of the transaction value for the imported goods:
The primary issue was how the value of the imported cloves should be computed. The Customs Department alleged that the appellants undervalued the cloves to evade customs duty, declaring a price of US Dollars 2600 PMT CIF, Mumbai, while the prevailing international price was significantly higher. The investigation revealed that the actual market prices ranged from US Dollars 4200 to 6500 PMT during the relevant period. The Tribunal and the Commissioner of Customs (Adjudication) concluded that the value for assessment should be US Dollars 5500 PMT for four Bills of Entry and US Dollars 5600 PMT for the remaining six Bills of Entry. The Supreme Court upheld these findings, stating that the transaction value claimed by the appellant was not supported by sufficient evidence and that the comparable rates indicated higher prices.

2. Validity and evidentiary value of the documents produced by the appellant:
The appellant relied on a document dated 23.11.2000 from M/s. Ketan Trading Co., which was a certificate confirming the sale of cloves at US Dollars 2600 PMT CIF, Mumbai. However, the Court noted that this document was not a contract but merely a certificate. The appellant failed to produce the original contract or invoices to substantiate the claimed transaction value. The Court also considered contemporaneous documents like the Weekly Bulletin of Spices Market and the Public Ledger, which indicated higher prices for cloves during the relevant period. The Court concluded that the appellant's documents lacked credibility and evidentiary value.

3. Applicability of Section 14 of the Customs Act, 1962 and Rules 4, 5, and 10A of the Customs Valuation Rules, 1988:
The Court examined the provisions of Section 14(1)(a) of the Customs Act and Rules 4, 5, and 10A of the Customs Valuation Rules. Section 14(1) stipulates that the value of goods should be the price at which such or like goods are ordinarily sold in the course of international trade. Rule 4 deals with the transaction value, which should be the price actually paid or payable for the goods when sold for export to India. Rule 5 provides for the transaction value of identical goods. Rule 10A allows the proper officer to reject the declared value if there is reason to doubt its truth or accuracy. The Court found that the provisions were correctly applied by the Customs authorities, and the transaction value claimed by the appellant did not reflect the actual market price.

4. Justification for the penalties imposed on the appellant:
The Tribunal upheld the penalties imposed by the Commissioner of Customs (Adjudication), which included a fine of Rs. 5 lacs in lieu of confiscation of goods and penalties of Rs. 10 lacs on the appellant firm and Rs. 5 lacs on Ratanlal under Section 112(a) of the Customs Act. The Court found that the penalties were justified as the appellant failed to prove the declared transaction value and there was sufficient evidence of undervaluation with intent to evade customs duty.

Conclusion:
The Supreme Court dismissed the appeal, concluding that the Customs authorities correctly assessed the value of the imported goods and imposed appropriate penalties. The findings and conclusions of the Commissioner of Customs (Adjudication) and the Tribunal were based on cogent reasons and substantial evidence, and there was no ground to interfere with their decisions. The appeal was dismissed with costs, and the counsel fee was assessed at Rs. 25,000/-.