2017 (8) TMI 1271 - AT - Central Excise

Valuation of imported goods - dry Ginger of Chinese origin - valid basis for enhancement of value - Held that - reliance placed in the case of Vijaya International Impex Versus Commissioner of Customs (Seaport-Import) 2017 (6) TMI 991 - CESTAT CHENNAI , where it was unequivocally held that the transaction value is required to be accepted unless there are valid reasons for rejection of the said value as provided in the Customs Valuation Rules. Neither the market enquiry nor NIDB data will be a valid ground to disregard the transaction value. The DRI alert prices, or the appellant s own statement or public ledger information or email retrieved in respect of another importer or for that matter, price trend analysis made by a website of Samex Agency, cannot, by any stretch of imagination, be considered as valid basis for enhancement of the transaction value - when such contemporaneous imported goods have assessable value determined at US 800 /MT by the Commissioner (Appeals), which order has not been appealed against, the department cannot then assail the declared transaction value of US 800 /MT of identical goods imported by the appellants and instead enhance the same on basis of information from websites and so on. Appeal allowed - decided in favor of appellant.

Summary

Issues:
1. Legality and correctness of the enhancement of import value.
2. Validity of grounds for rejecting declared value and enhancing it.

Analysis:
Issue 1: The case involved the legality and correctness of the enhancement of import value by the lower authorities concerning imports of dry ginger of Chinese origin made by the appellant. The Tribunal noted that the department had proposed an enhancement of the unit price of goods covered under two bills of entry to USD 1,200 /MT C&F from USD 550/MT C&F. The original authority confirmed this enhancement along with other penalties and fines. On appeal, the Commissioner (Appeals) upheld most of the original authority's order, except for the portion related to goods already cleared prior to the case detection.

Issue 2: The grounds for rejecting the declared value of USD 550/MT and enhancing it to USD 1,200/MT were scrutinized. The department relied on various data sources, including DRI alerts, the appellant's own statement, public ledger information, emails from another importer, and price trend analyses from a website. However, the Tribunal, citing previous judgments, emphasized that the transaction value should be accepted unless valid reasons exist for its rejection as per Customs Valuation Rules. The Tribunal found that the department's reliance on external data sources was not a valid basis for enhancing the transaction value, especially when contemporaneous imports by another trader had a lower assessed value that was not appealed against.

In conclusion, the Tribunal set aside the impugned order, allowing the appeal with consequential relief. The decision highlighted the importance of adhering to the transaction value unless valid reasons exist for its rejection, emphasizing the need for consistency in valuation practices based on contemporaneous imports and legal provisions.