2017 (9) TMI 1394 - AT - Customs

Valuation of imported goods - inner part of Mini-valve (zinc) - it was alleged that the average declared value of the brass hardware imports was 25-30% lower than the prevalent notified tariff value for brass scrap - enhancement of value on the basis of LME price of zinc - Held that - the sole basis of enhancement of value in this case is LME price of zinc, on which the Proprietor of importer was persuaded to pay the differential duty. No other evidence has been produced by the department - in a similar case, in which ball valves/check valves through JNPT, ICD, Mulund and where the value was also proposed to be loaded on the basis of LME prices, this Tribunal in the case of S.K. Dhawan and Ors. 2016 (3) TMI 888 - CESTAT MUMBAI has held that the methodology adopted by the adjudicating authority for redetermination of the value of the imported consignments is totally on presumption and surmises and is not sustainable - appeal allowed - decided in favor of appellant.

Summary

Issues:
Valuation based on LME price of zinc, Evidence of contemporaneous imports, Rejection of transaction value, Undervaluation due to lack of manufacturer's invoice, Redemption fine on cleared goods, Penalty under Sections 114(A) and 114(AA).

Valuation based on LME price of zinc:
The case involved the import of Mini-valve inner parts where the value was enhanced based on the LME price of zinc. The department's argument relied solely on this basis, without producing any other evidence of contemporaneous imports at higher prices. The Tribunal noted that the entire case revolved around the LME price of zinc, and the importer's disagreement with the prices mentioned in a proforma invoice. Referring to a similar case, the Tribunal cited a judgment emphasizing the need for concrete evidence beyond presumptions and surmises to determine the value of imported goods accurately.

Evidence of contemporaneous imports:
The Tribunal highlighted the flawed methodology employed by the adjudicating authority in rejecting the transaction value without substantial evidence. It noted the absence of proof supporting the content composition of the imported goods and emphasized the necessity of demonstrating contemporaneous imports at higher values before rejecting the declared transaction value. The Tribunal criticized the authority for not addressing the importer's submission of details regarding contemporaneous imports, indicating a lack of due diligence in the valuation process.

Rejection of transaction value:
The Tribunal criticized the adjudicating authority for rejecting the transaction value without proper reasoning or findings. It emphasized the requirement for evidence of contemporaneous imports at higher values before disputing the declared transaction value. The Tribunal pointed out the authority's failure to provide any substantial basis for deeming the declared values as unrealistic or undervalued.

Undervaluation due to lack of manufacturer's invoice:
The Tribunal found fault with the authority's conclusion of undervaluation based on the importer's failure to produce manufacturer's invoices or catalogues. It argued that such findings were inconsistent with the law, especially since the consignments were cleared by the same department without raising concerns about the documentation at the time of clearance. The Tribunal highlighted the importance of addressing doubts regarding valuation discrepancies during the clearance process itself.

Redemption fine on cleared goods, Penalty under Sections 114(A) and 114(AA):
The Commissioner (Appeals) set aside the redemption fine imposed on the cleared goods, ruling that once goods are cleared unconditionally, they cannot be confiscated. However, the penalty under Sections 114(A) and 114(AA) was upheld. The Tribunal allowed the appellant's appeal, setting aside the Commissioner's decision based on the judgment's application to the present case. The appeal was allowed, and the order passed by the Commissioner (Appeals) was deemed unsustainable.