2001 (9) TMI 173 - AT - Customs

Summary

Issues:
- Appeal against Order-in-Appeal No. C3/743/0/2000-Sea C. Cus No. 107/2001
- Adoption of PLATT prices instead of recorded prices under Rule 6 of CVR, 1988
- Failure to remand the case for fresh consideration
- Allegations of related persons and flow of cash
- Acceptance of PLATT's price report as transaction value

Analysis:
The appeal before the Appellate Tribunal CEGAT, Chennai pertained to the adoption of PLATT prices instead of recorded prices under Rule 6 of CVR, 1988. The department contested the lower authority's decision to enhance the value of goods based on PLATT prices, arguing that PLATT prices are merely guideline values and not transaction values as required by Rule 6. The department sought the order to be set aside, emphasizing the technical error in adopting PLATT prices instead of recorded prices of similar goods. The department also criticized the Commissioner (Appeals) for not remanding the case for fresh consideration, contending that the matter should have been reconsidered given the circumstances.

The Respondent's consultant defended the Commissioner (Appeals) decision, highlighting the analysis of facts and reliance on the judgment of the Hon'ble Supreme Court in a similar case. The consultant argued that the Commissioner (Appeals) correctly set aside the order-in-original by comparing goods from countries other than Portugal. Moreover, the consultant pointed out the absence of allegations regarding related persons or cash flow, supporting the decision to allow the appeal of the respondents.

Upon considering the submissions, the Tribunal noted that the PLATT's price report does not represent transaction values, unlike the London Metal Exchange. The Tribunal referenced a previous case to support the finding that PLATT's report is not based on transactions but on price ranges, making it unsuitable as a transaction value. The Tribunal confirmed the Commissioner (Appeals) decision, stating that without details of contemporaneous imports, the order was legal and proper, devoid of any infirmity. Consequently, the Tribunal rejected the appeal filed by the Revenue and disposed of the stay application accordingly.