2000 (8) TMI 142 - AT - Customs

Summary

Issues involved: Customs valuation rules, related party transactions, assessment of transaction value, loading of invoice value.

Customs Valuation Rules: The appellant, a distributor for foreign companies, challenged the loading of invoice value by 6.3% by Customs authorities u/r Rule 4 read with Rule 9(1)(i) of the Customs Valuation Rules, 1988. The Tribunal dismissed the appeal, leading the appellant to approach the Supreme Court in Civil Appeal No. 3528/95, resulting in the order being set aside and remitted for fresh disposal.

Related Party Transactions: The main ground for rejecting the transaction value shown in the invoice was the alleged relationship between the appellant and the foreign companies as related persons. It was contended that the price at which goods were sold to the appellant was a special price, not the normal price in international trade. However, it was found that there was no evidence of mutuality of interest or any additional flow of benefits from the buyer to the seller beyond the invoiced price.

Assessment of Transaction Value: The appellant, acting as a dealer and an indenting agent for actual users, received goods at a lower price from foreign suppliers. The payment of commission by the foreign manufacturers to the appellant was deemed legitimate and not a flow back from the buyer to the seller. The Departmental authorities failed to provide valid circumstances to ignore the actual value for assessment purposes as per Section 14(1) of the Customs Act.

Loading of Invoice Value: The Tribunal held that the authorities were in error in loading the invoice price by 6.3% without sufficient evidence to show that the transaction value did not reflect the actual value of the goods sold to the appellant. The price shown in the invoice was deemed to be the value of the goods for Customs assessment purposes, directing the Departmental authorities to assess based on the transaction value within a specified timeframe. The appeal was allowed with consequential relief to the appellant.