2008 (12) TMI 168 - AT - Customs

Import of goods Valuation - the evidence relied upon by the Commissioner for loading of value was not made available to the importers - the impugned order set aside matter remitted for fresh decision in accordance with law after furnishing copy of the Bill of Entry and after extending a reasonable opportunity to the appellants of being heard in their defence.

Summary

Issues:
Value enhancement of imported goods, confiscation, misdeclaration of value, possession of registration certificate, fungicide import regulations, appeal against Commissioner's order.

Analysis:
The judgment by the Appellate Tribunal CESTAT, CHENNAI involved the issue of value enhancement of imported goods, where the Commissioner had increased the value of 'carbendazim' imported by the appellants to Rs.19,44,038 at USD 3.10 per Kg, rejecting the transaction value of USD 1.125 per Kg. The Commissioner directed duty payment on the enhanced value, confiscated the goods, and imposed a penalty for misdeclaration of value and non-possession of the required registration certificate for the fungicide. The appellants contended that the value was enhanced without providing them with a copy of any Bill of Entry for contemporaneous imports of similar goods to offer their comments.

The Appellate Tribunal noted that the Commissioner relied on an import by another entity for the same goods at USD 3.10 per Kg, but the evidence was not made available to the importers. As a result, the Tribunal set aside the impugned order and remitted the case to the jurisdictional Commissioner for a fresh decision. The Commissioner was directed to provide a copy of the Bill of Entry filed by the other entity for enhancing the value and to grant the appellants a reasonable opportunity to be heard in their defense. The Tribunal allowed the appeal by way of remand, emphasizing the importance of due process and providing necessary evidence to the appellants for a fair hearing.

In conclusion, the judgment highlighted the significance of procedural fairness in customs matters, stressing the need for importers to be provided with relevant evidence and a chance to present their defense. The decision to remit the case for a fresh decision underscored the importance of adherence to legal procedures and principles of natural justice in customs valuation disputes.