2017 (12) TMI 843 - AT - Customs

Valuation of imported goods - air conditioners of O-General brand - SCN alleged that the imported goods were under-valued for customs duty purposes; the value was sought to be enhanced - Held that - Rule 12 of the Valuation Rules can be invoked when the appellants failed to produce manufacturer s invoice and other supporting evidence in order to substantiate their declared value, re-determination of assessable value based on contemporaneous imports is to be done, considering similar commercial level in transactions - It is the submission of the appellant that the quantities imported and the country of export were all different. The commercial levels in the transactions were also different. We are of the opinion that this requires a more detailed examination. Regarding comparison of value with reference to imports by EGPL, the appellant contested certain factual findings recorded in the impugned order. Based on a letter received from M/s. RAACO ONE, who is a non-authorized dealer of the air-conditioners, a conclusion was drawn regarding the nature of transaction of air-conditioners in India - this fact requires further examination. Confiscation of goods - Held that - It is now a well settled legal principle that the Adjudicating Authority cannot order the confiscation of the goods, which were neither seized /detained nor released on a specific bond executed by the owner. In other words, the goods, which were not seized and cleared with no reference of detention or bond cannot be ordered to be confiscated. Appeal allowed by way of remand.

Summary

Issues:
1. Valuation of imported goods for customs duty purposes.
2. Confiscation of imported goods and imposition of penalties.
3. Time-barred demand and allegations of deliberate mis-declaration.
4. Allegations of under-valuation and mis-declaration.
5. Denial of exemption under Customs Act.
6. Legal provisions regarding beneficial owner.
7. Comparison of value with contemporaneous imports.
8. Confiscation of goods not in custody of the Department.

Valuation of Imported Goods:
The case involved a dispute over the correct valuation of imported air-conditioners. The Original Authority redetermined the value based on contemporaneous imports by others with higher transaction values. The appellants raised concerns about the lack of detailed findings on various issues, including the failure to provide copies of relevant bills of entry. The Tribunal noted that a more thorough examination was needed to address the appellant's claims regarding limitation and rejection of value under Customs Valuation Rules.

Confiscation and Penalties:
The Original Authority ordered the confiscation of seized goods and imposed penalties on the appellants for under-valuation. However, the Tribunal found the confiscation of all goods covered by 14 bills of entries to be legally unsustainable. It clarified that confiscation should only apply to seized goods and directed a re-examination of the confiscation and redemption fine. The impugned order was set aside, and the case was remanded for a fresh decision.

Time-barred Demand and Mis-declaration:
The appellants argued that the demand was time-barred, citing the lack of evidence of deliberate mis-declaration or suppression. They contended that all consignments were examined and allowed by Customs officers. Additionally, they emphasized that there was no new material to allege fraud against them. The Tribunal acknowledged the need for a detailed examination of the limitation issue given the reliance on contemporaneous imports for value determination.

Under-valuation and Mis-declaration Allegations:
The appellants denied under-valuation of imported goods and challenged the rejection of declared values. They argued that the comparisons made with contemporaneous importers were not appropriate due to various factors such as different quantities, countries of export, and commercial levels. The Tribunal agreed that a more detailed examination was necessary to assess the validity of the valuation adjustments.

Denial of Exemption and Legal Provisions:
The denial of exemption under a specific Customs notification was contested by the appellants, who argued that the grounds for denial were not stipulated in the notification. They also raised legal arguments regarding the application of Customs Act provisions, particularly in relation to the concept of beneficial owner. The Tribunal noted the need for further examination on these points.

Comparison with Contemporaneous Imports:
The appellants disputed certain factual findings related to comparisons with contemporaneous imports. They highlighted discrepancies in the conclusions drawn from evidence provided by non-authorized dealers. The Tribunal recognized the importance of re-evaluating these findings for a more accurate assessment.

Confiscation of Goods Not in Custody:
A significant issue raised was the confiscation of goods covered by 14 bills of entries, including those not in the custody of the Department. The Tribunal clarified that confiscation should only apply to seized goods and directed a re-examination of the confiscation order. It emphasized the legal principle that goods cleared without seizure or detention cannot be confiscated.

In conclusion, the Tribunal set aside the impugned order and remanded the case to the Original Authority for a fresh decision after addressing the various issues raised by the appellants. The judgment highlighted the need for detailed examinations on valuation, confiscation, time-barred demands, mis-declaration allegations, denial of exemptions, legal provisions, comparisons with contemporaneous imports, and confiscation of goods not in custody.