2018 (8) TMI 1535 - HC - Customs

Valuation of imported goods - related party transaction - it was found that the petitioner (importer) and the Foreign Supplier are related under Rule 2(2) of the Custom Valuation (Determination of Valuation of Imported Goods) Rules 2007 - Held that - The Tribunal found the Appellate authority has compared the prices of other producers like M/s.Gamesa and that the appellate authorities has came to a wrong conclusion. The Tribunal therefore, upheld the order of the original authority, which held that the price variation for capital goods and components, is because of the supply of assembled products to M/s.Gamesa Wind, whereas, the imports made by the appellant in SKD/CKD products, required some assembling process to make for the finished products - The Tribunal has analysed the entire facts as the final fact finalising authority and that cannot be said to be unreasonable or wrong. The conclusion arrived at by the Tribunal that Article 19 only mandates that the respondent will be liable to pay all the tax that will imposed on the transaction has nothing to do with the payment or a condition of sale is a possible view which does not require any interference - appeal dismissed.

Summary

Issues:
1. Customs valuation rules and related party transactions.
2. Applicability of Material Supply Agreement in determining transaction value.
3. Interpretation of profit margin under Customs Valuation Rules.
4. Comparison of prices for imported goods and assembled products.
5. Validity of grounds for appeal and remand orders.

Analysis:
1. The case involved a dispute regarding customs valuation rules and related party transactions. The Customs Authorities found the importer and the foreign supplier to be related under Rule 2(2) of the Custom Valuation Rules. The importer was directed to make annual declarations regarding any change in invoicing or relationship with the foreign collaborator. The decision was to remain in force until any material changes affecting valuation were reported. The importer could inform the Special Valuation Branch of any changes, and the decision was subject to periodic review every three years.

2. The Material Supply Agreement between the parties was analyzed for its impact on the transaction value. The agreement's Article 19 regarding tax liabilities was scrutinized to determine if it influenced the sale price of imported goods. The agreement's wording on payments being net of taxes raised questions on whether it affected individual purchases or the sale value of manufactured goods. The agreement's role as a condition of sale for imported goods was debated, and the margin of profit was highlighted as a crucial factor under Customs Valuation Rules.

3. The issue of profit margin under Rule 3(3)(a) verification was discussed, emphasizing the need to ensure recovery of costs and a representative profit. The lower authority's oversight in discussing the profit margin was noted, indicating a requirement for a comprehensive evaluation under the Customs Valuation Rules.

4. The comparison of prices for imported goods and assembled products supplied to M/s.Gamesa Wind was pivotal. The Tribunal upheld that the price variation was due to the nature of the supplied products, with the imported goods requiring assembly processes. The distinction between SKD/CKD products and assembled products influenced the valuation and pricing analysis.

5. The validity of grounds for appeal and remand orders was debated. The Appellate Authority's decision to set aside the original order for reassessment based on the department's objections was upheld by the Tribunal. The Tribunal found no perversity in the order and concluded that the grounds for appeal remand were not part of the initial show cause notice. The Tribunal's decision was deemed reasonable, leading to the dismissal of the Civil Miscellaneous Appeal.

In conclusion, the judgment delved into complex issues of customs valuation, related party transactions, contractual agreements' impact on transaction value, profit margin considerations, and the comparison of prices for different types of goods. The analysis provided a detailed examination of each issue, highlighting the legal nuances and interpretations under the Customs Valuation Rules and related regulations.