2018 (6) TMI 1494 - AT - Customs

Valuation of imported goods - Titanium Dioxide Anatase B101 - enhancement of value on the basis of contemporaneous import - Held that - The Transaction value has been assessed by the lower authority on the ground that contemporaneous import of Chinese Origin Titanium Dioxide Anatase B 101 indicates the proper value. While assessing the value at US 1390 PMT he has taken into consideration the country of origin, Quantity of grade - when the revenue has taken the quantity of grade and country of origin into consideration for comparing contemporaneous import and thereafter reached to the conclusion and enhanced the assessable value - appeal dismissed - decided against appellant.

Summary

Issues:
1. Assessment of declared value of imported goods compared to contemporaneous imports.

Analysis:
The appeal was filed against an Order-in-appeal passed by the Commissioner of Customs regarding the declared value of 2000 Kgs of Titanium Dioxide Anatase B101 imported from China. The revenue suspected undervaluation as the declared price was lower than a contemporaneous import. The Assistant Commissioner redetermined the assessable value under Section 14 of the Customs Act, 1962. The Appellant's appeal was rejected by the Commissioner (Appeals) based on the enhancement of value from the contemporaneous import. The Appellant argued that the declared value was correct, considering factors like different grades and purity affecting prices, and the higher prices from American or European manufacturers. The Appellate Tribunal examined the case and upheld the impugned order, stating that the value assessment based on country of origin and grade quantity was appropriate, and no reason was found to interfere with the decision.

In the detailed analysis, the Tribunal considered the arguments presented by both parties. The Appellant provided various original documents to support the declared value, emphasizing differences in prices based on grades and purity levels of the product. However, the revenue supported the initial decision, highlighting the importance of contemporaneous imports in determining the assessable value. The Tribunal reviewed the case facts and concluded that the revenue's assessment, considering the country of origin and grade quantity, was reasonable. The Tribunal found no fault with the impugned order and dismissed the appeal, upholding the decision of the Commissioner of Customs regarding the reassessment of the imported goods' value.