2017 (2) TMI 756 - AT - Customs

Valuation - related party transaction - rejection of transaction value - Held that - the import price of 60 litres of lubricating oil as purchased from M/s. Kluber Lubrication India Pvt. Ltd. was sent to India at the same price at which the said products are sold in the market by Kluber Lubrication India Pvt. Ltd. - when the said import documents reveal that the goods have been procured from third party and the value declared is the value of the third party supplying the goods to Italian sister concern of the appellant, no question of rejection of transaction value arises - appeal allowed - decided in favor of appellant.

Summary

Issues:
- Appeal against order-in-appeal regarding import valuation of lubricating oil
- Rejection of transaction value by SVB Section
- Enhancement of value by adjudicating authority
- Appeal before first appellate authority
- Dispute over the imported goods being from a sister concern in Italy
- Procurement of lubricating oil from M/s. Kluber Lubrication India Pvt. Ltd.
- Rejection of declared value by lower authorities
- Determination of correct transaction value

Analysis:
The appeal in this case was directed against order-in-appeal No.505/2005/MCH/DC/SVB/BGK dated 16.10.2006, concerning the import valuation of 60 litres of lubricating oil. The SVB Section rejected the transaction value and requested clarifications from the appellant, leading to an enhancement of the value by the adjudicating authority. The authority increased the value by 10% towards general profit margin and 5% towards handling charges, also adding management fees paid by another entity to the importer. The first appellate authority upheld this decision after due process.

During the proceedings, it was argued that the lubricating oil was a one-off transaction due to a severe shortage in the appellant's factory, sourced from M/s. Kluber Lubrication India Pvt. Ltd. and supplied by the Italian sister concern. The appellant contended that no enhancement was necessary as the transaction involved no conditions from the third-party supplier. The departmental representative supported the lower authorities' findings.

Upon review, it was established that the imported goods were indeed 60 litres of lubricating oil from the Italian sister concern. The documents revealed that the oil was procured from M/s. Kluber Lubrication India Pvt. Ltd. at market price and sent to India at the same cost. Since the appellant paid the actual procurement price to the sister concern, and there was no sale involved, the declared value was deemed accurate. The rejection of the transaction value was considered unwarranted, leading to the set aside of the impugned order and allowing the appeal.

In conclusion, the judgment highlighted the importance of considering the specific circumstances of the case, especially when dealing with unique transactions involving related parties and third-party procurement. The decision emphasized the need for a thorough evaluation of the facts and documents to determine the correct transaction value in import cases.