2019 (9) TMI 432 - AT - Customs

Valuation of goods - Aluminium scrap - enhancement of value based upon the NIDB data - HELD THAT - The enhancement stands set aside by Commissioner (Appeals) by referring the earlier matters of the same assessee in which case such assessments were set aside. Appeal dismissed - decided against Revenue.

Summary

Issues:
1. Rejection of Stay Petition by Revenue
2. Appeal regarding excisable value of Aluminium scrap
3. Confirmation of Tribunal's order by Hon'ble Supreme Court

Analysis:
1. The judgment begins by mentioning the rejection of the Stay Petition filed by the Revenue. The Tribunal proceeds to decide the appeal itself as the issue is covered by a precedent decision of the Tribunal, which was confirmed by the Hon'ble Supreme Court.

2. The main issue in the appeal pertains to the excisable value of Aluminium scrap, which was increased by the Revenue based on NIDB data. The Commissioner (Appeals) set aside the enhancement by referring to earlier cases of the same assessee where similar assessments were overturned. The Tribunal's order was upheld by the Hon'ble Supreme Court when the Revenue's appeal was dismissed on 10/12/2018. Consequently, the Tribunal found no merit in the Revenue's appeal and rejected it, leading to the disposal of the Stay Petition as well.

3. The judgment concludes with the decision being dictated and pronounced in open court. The key takeaway from this judgment is the confirmation of the Tribunal's decision by the Hon'ble Supreme Court, emphasizing the importance of consistency and adherence to legal precedents in tax matters.