2017 (6) TMI 987 - AT - Customs

Valuation - rejection of declared value - Held that - the Commissioner (Appeals) has relied on the assessed value and not the value declared. Rule 5 of the Valuation Rules provide for enhancement of the value is to be done as per said rule. Moreover, the declared value is found less than the assessed value which cannot be the basis of enhance the value - In this case, the department has assessed identical goods at the rate of 2.85 US per kg whereas the value declared by the appellant ranges between 2.00 US to 2.63 US per kg. The price which has been adopted to be assessed is not the declared value. In fact, the same is the assessed value. Therefore, the said value cannot be said as the value contemporaneous import. The value of imported goods in question cannot be enhanced on the basis of DRI alert and the basis of assessed bill of entry - appeal allowed - decided in favor of appellant.

Summary

Issues:
Appeal against rejection of transaction value in customs valuation.

Analysis:
The appellants, importers of polyester PVC coated fabrics, challenged the rejection of transaction value in the impugned orders. The adjudicating authority loaded the declared assessable value, which the appellants contested before the Ld. Commissioner (A) citing violation of Section 14 of the Customs Act, 1962 read with Customs Valuation Rules, 2007. The Ld. Counsel argued that the value cannot be enhanced based on alerts or circulars when the declared value is lower than contemporaneous values in bills of entry. Reference was made to a Tribunal decision in a similar case. The Ld. Counsel emphasized the absence of a speaking order under section 17(5) of the Customs Act, 1962.

A significant precedent cited was the case of Soir International Vs. CC, Delhi-IV, where it was held that enhancement of value based on DRI alerts or circulars without rejecting the transaction value is impermissible. The Tribunal observed that the Customs Valuation Rules must be followed for enhancing imported goods' value. The Tribunal also highlighted that the declared value, not the assessed value, should be considered for valuation. The decision emphasized the need to reject the transaction value under Section 14 of the Customs Act before enhancing it based on external alerts or circulars.

Further, the Tribunal referred to cases like Ravi Dyeware Co. Ltd. and Samar Polytex Ltd., reiterating that the declared transaction value cannot be rejected without evidence of actual higher import prices. The Tribunal emphasized that DRI alerts cannot be the sole basis for enhancing value and that the transaction value must be accepted unless proven otherwise. The Tribunal set aside the impugned orders, emphasizing the importance of adhering to Customs Valuation Rules and rejecting transaction value before enhancing it based on external factors.

In conclusion, the Tribunal ruled that the value of imported goods cannot be enhanced solely based on DRI alerts, circulars, or assessed bill of entry without rejecting the transaction value under Section 14 of the Customs Act. The impugned orders were set aside, and the declared value by the appellants was accepted. The appeals were allowed with consequential relief, highlighting the necessity of following proper valuation procedures and rejecting transaction value before making enhancements based on external sources.

This detailed analysis underscores the importance of adhering to legal provisions and precedents in customs valuation cases, emphasizing the need for a clear rejection of transaction value before any value enhancements based on external alerts or circulars.