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2020 (3) TMI 322 - AT - CustomsValuation of imported goods - aluminium scrap - enhancement of value based on NIDB data - HELD THAT - The Tribunal in the case of M/S SANJIVANI NON FERROUS TRADING PVT. LTD. VERSUS COMMISSIONER OF CENTRAL EXCISE SERVICE TAX, NOIDA 2017 (3) TMI 359 - CESTAT ALLAHABAD has set aside such enhancement of the value of the imported scrap - In fact the present respondent M/s Century Metal was also one of the appellant in the said final order. It is further noted that the said final order was upheld by Hon ble Supreme Court in COMMISSIONER OF CENTRAL EXCISE AND SERVICE TAX, NOIDA VERSUS M/S. SANJIVANI NON-FERROUS TRADING PVT. LTD. 2018 (12) TMI 738 - SUPREME COURT . Appeal dismissed - decided against Revenue.
Issues: Valuation of imported goods based on NIDB data; Challenge to Customs Authority's valuation; Precedent decision of the Tribunal regarding enhancement of value.
In this case, the issue revolved around the valuation of imported goods, specifically defective PPGI/EG Sheets & Strip Cutting, which were imported at a declared value of USD 350 per metric ton. The assessing officer, however, increased the value to USD 470 per metric ton based on NIDB data. The Commissioner (Appeals) set aside this decision, stating that NIDB data cannot be a legal ground for enhancement without contemporaneous value evidence. The Revenue challenged this decision. The Tribunal referenced a previous case involving similar circumstances, where the enhancement of value based on NIDB data was set aside. The Tribunal upheld this precedent decision, which was further affirmed by the Hon'ble Supreme Court. As a result, the Tribunal rejected the Revenue's appeal and disposed of the stay application. The judgment highlights the importance of contemporaneous value evidence in challenging Customs Authority's valuation based on NIDB data. It establishes a precedent that such enhancements without proper legal grounds can be successfully challenged, as demonstrated by the previous case and subsequent Supreme Court affirmation. This case serves as a reminder of the significance of legal precedents in matters of valuation of imported goods and the role of NIDB data in such determinations.
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