2018 (3) TMI 872 - AT - Customs

Valuation - enhancement of value of imported scrap on the basis of the report submitted by the Chartered Engineer - Held that - As the report of the Chartered Engineer is not conclusive, in that circumstances, it cannot be held that the appellant has mis-declared the goods, as appellant was not knowing the contents heaving purchased on high sea sale basis and they have declared the goods as per the import documents - charge of mis-declaration is not sustainable against the appellant - appeal allowed - decided in favor of appellant.

Summary

Issues: Mis-declaration of imported goods, Enhancement of value of imported goods, Imposition of redemption fine and penalty

Mis-declaration of imported goods:
The appellant imported Heavy Melting Steel Scrap on high sea sale basis, declaring the goods as per the import documents. However, upon inspection, a portion was found to be Non-Magnetic Scrap based on the Chartered Engineer's report. The appellant was charged with mis-declaration, leading to the enhancement of the value of the imported goods and the imposition of redemption fine and penalty. The appellant contended that only 5% of the total quantity was not as per declaration, and they had declared the goods accurately. They argued that the Chartered Engineer's report was inconclusive and unreliable, as they had also submitted a certificate of origin declaring the goods as HMS Scrap. The Tribunal found that the report was inconclusive, requiring further chemical examination to determine the correct grade of stainless steel. As the appellant had purchased the goods on high sea sale basis and declared them as per documents, the charge of mis-declaration was deemed unsustainable. Additionally, the quantity found not as per description was less than 5% of the total imported quantity, leading to the setting aside of the impugned order enhancing the value and imposing fines and penalties.

Enhancement of value of imported goods:
The Tribunal observed that the Chartered Engineer's report indicated only a small portion of the imported scrap as stainless steel scrap, but the report was inconclusive, suggesting the need for chemical examination for accurate grading. As the report lacked definitive conclusions and the appellant had declared the goods as per import documents without knowledge of the contents purchased on high sea sale basis, the Tribunal found the enhancement of value without concrete evidence unsustainable. The Tribunal emphasized that the quantity not matching the description was minimal, less than 5% of the total imported quantity, further supporting the decision to set aside the order enhancing the declared value and imposing fines and penalties.

Imposition of redemption fine and penalty:
In the case at hand, the imposition of redemption fine and penalty on the appellant was based on the alleged mis-declaration of imported goods. The appellant argued that the goods were accurately declared, with only a small percentage not matching the description. The Tribunal, after considering the submissions and perusing the records, concluded that the charge of mis-declaration was not sustainable due to the inconclusive nature of the Chartered Engineer's report and the minimal discrepancy in the quantity not as per description. Consequently, the Tribunal set aside the impugned order imposing redemption fine and penalty on the appellant, ultimately allowing the appeal in favor of the appellant.

---