2008 (7) TMI 366 - AT - Central Excise

Import of goods valuation value based on sale price in India since no other value available, the deductive valuation method adopted by the department upheld.

Summary

Issues:
1. Declaration of imported goods' value.
2. Confiscation and redemption of goods.
3. Imposition of penalty.

Analysis:
1. The appeal was filed against an order that held the imported goods to be misdeclared in terms of value, leading to confiscation and redemption on payment of a fine and imposition of a penalty. The appellants imported Filter elements and Heater Plugs, with the value being disputed by the Revenue based on comparisons with other importers and local market prices.

2. The Tribunal found that the value declared for Filter elements was rightly rejected as similar goods were imported at a higher value by another importer from the same source. However, for Heater Plugs, since no identical or similar imports were noticed, and market enquiry showed higher prices, the declared value was accepted. The demand for duty payment based on the enhanced value was deemed unsustainable, leading to the setting aside of the penalty and fine.

3. Considering the circumstances, the Tribunal partially allowed the appeal by reducing the redemption fine to Rs. 50,000 and the penalty to Rs. 25,000. The decision was made after a thorough evaluation of the facts and evidence presented, leading to the disposal of the appeal in favor of the appellants.