2008 (4) TMI 42 - SC - Central Excise

Whether there was mis-declaration of imported good Polyethylene (prime/virgin) as Polyethylene-Wide-Spec. - department contend that imported material does not have Wide Spec gradation because the Test Values remain constant misinterpretation of test report - fallacy is that two samples are drawn from the same container therefore the resultant figures in terms of Test Value remains same - However, when samples are drawn from different containers the grades differ Transaction Value acceptable

Summary

Issues:
1. Mis-declaration of imported goods to evade duty.

Analysis:
The Civil Appeal in question challenges a judgment by the Customs, Excise and Service Tax Appellate Tribunal regarding the mis-declaration of goods imported, specifically Polyethylene (prime/virgin) mis-declared as Polyethylene-Wide-Spec, with the alleged intention to evade duty. The respondent, a State Government-owned Corporation, imported 1485 MT of goods declared as "Polyethylene Wide Specs" against 13 Bill of Entries. The department doubted the declared value's genuineness and requested the manufacturer's invoice, which the importer could not produce. Samples were drawn and tested by CIPET at Ahmedabad, with test reports showing varying values for Melt Flow Index and Density across different containers. The department contended that the imported material did not meet Wide Spec gradation due to consistent test values within the same container, but varied values across containers. However, the court found no reason to reject the transaction value aligned with the contract value, especially considering the quantity and price involved in the import from Venezuela. The appeal was dismissed for lack of merit.

In conclusion, the judgment revolves around the issue of mis-declaration of imported goods to evade duty. The court analyzed the discrepancies in test values across containers, the relevance of the transaction value to the contract value, and the quantity and price considerations in the import process. Ultimately, the court found no grounds to reject the transaction value and dismissed the Civil Appeal.