2018 (11) TMI 369 - AT - Customs

Valuation - rejection of declared value - enhancement of transaction value on the basis of DRI Alerts - Held that - For enhancement of value of imported goods, value is to be enhanced on the basis of Valuation Rules and DRI alerts cannot be relied upon - Revenue has not produced any evidence to show that in NIBD data, the value has been declared @ US 1.60 per kg for ball bearing imported from China. In fact, the authorities below relied on the assessment of enhancement value and the same cannot be relied to enhance the value of imported goods. The value of imported goods cannot be enhanced, merely, on the basis of letter written by Commissioner of Customs (Import) Mumbai for enhancing the price of the ball bearing - appeal allowed - decided in favor of appellant.

Summary

Issues:
Enhancement of value of imported Ball Bearings based on Commissioner of Customs Circular without rejection of transaction value under Section 14 of Customs Act, 1962.

Analysis:
The appellant appealed against orders enhancing the value of Ball Bearings imported through filing bills of entry. The appellant declared the transaction value, but it was rejected based on a Circular by the Commissioner of Customs (Import) Mumbai, which required an enhancement of US$1.60 per kg for Chinese origin ball bearings of unpopular brand. The appellant initially paid the duty and cleared the goods to avoid charges, then appealed to the ld. Commissioner (A) who upheld the enhancement. The appellant contended that the enhancement without rejection of transaction value under Section 14 of the Customs Act, 1962, is not acceptable. The appellant relied on previous Tribunal decisions to support this argument.

The ld. AR supported the impugned order and cited Tribunal decisions in favor of the enhancement. However, the Tribunal noted that previous decisions in the appellant's case and Singal Bearing Co. did not address the rejection of transaction value, making them inapplicable. The Tribunal also considered cases like Sedna Impex India Pvt. Ltd. and M/s Sanjivani Non Ferrous Trading Pvt. Ltd., where it was observed that valuation cannot be enhanced based solely on DRI alerts without following Customs Valuation Rules.

The Tribunal emphasized that for enhancing the value of imported goods, Valuation Rules must be followed, and DRI alerts alone are insufficient. The Revenue failed to provide evidence that the value had been declared at US$1.60 per kg for ball bearings imported from China. Relying on the decisions in Sedna Impex India Pvt. Ltd. and M/s Sanjivani Non Ferrous Trading Pvt. Ltd., the Tribunal held that the value cannot be enhanced solely based on a letter from the Commissioner of Customs (Import) Mumbai. Consequently, the impugned orders were set aside, and the appeals were allowed.