2003 (3) TMI 148 - AT - Customs

Summary

Issues:
1. Under-valuation of imported goods
2. Denial of natural justice
3. Comparison of prices for stock lot goods
4. Methodology of valuation under Rule 7
5. Rejection of transaction value
6. Evidence of goods being stock lot
7. Requirement of manufacturer's invoice for valuation
8. Specifics of valuation for Citizen CT 500 calculators
9. Valuation method for other goods
10. Determination of prices based on market value
11. Confiscation and penalty imposition

1. Under-valuation of imported goods:
The applicant imported goods declaring a total value but discrepancies were found during examination. The goods were mainly of Korean and Chinese origin, with under-valuation suspected. Earlier imports of similar goods showed significant differences in declared values. Despite contestations, the Commissioner loaded the price, confiscated the goods, and imposed penalties.

2. Denial of natural justice:
The appellants argued that the market enquiry report, the basis for price escalation, was not provided despite repeated requests. They claimed denial of natural justice, seeking the order to be set aside on this ground alone.

3. Comparison of prices for stock lot goods:
The goods were claimed to be stock lot, making price comparisons with non-stock lot imports inappropriate. Challenges were raised regarding the methodology of price calculation and the adoption of prices from different consignments for comparison.

4. Methodology of valuation under Rule 7:
Issues were raised regarding the haphazard calculation of prices under Rule 7 of the Valuation Rules. The Commissioner's approach of taking values based on other goods' market value percentages was contested as unjustified.

5. Rejection of transaction value:
Reference was made to the Supreme Court judgment in the case of Eicher Tractors Ltd., arguing that no grounds existed for the Commissioner to reject the transaction value declared by the importers.

6. Evidence of goods being stock lot:
The appellants failed to provide substantial evidence to prove that the contested goods were indeed stock lot. The negotiation documents did not conclusively establish the goods as stock lot items.

7. Requirement of manufacturer's invoice for valuation:
The importance of manufacturer's invoices for accurate valuation was highlighted. However, the necessity of such invoices was debated, considering factors like distress sales and variations in pricing among traders and manufacturers.

8. Specifics of valuation for Citizen CT 500 calculators:
Contemporaneous imports of Citizen CT 500 calculators were compared, justifying the higher valuation based on the quantity difference and market prices. Confiscation and redemption orders were upheld for these calculators.

9. Valuation method for other goods:
The Commissioner's valuation method for other goods under Rule 8 was questioned, as it lacked scrutiny and justification. The adoption of a percentage of market value without proper assessment was deemed legally unsound.

10. Determination of prices based on market value:
The Commissioner's approach of determining prices based on market value percentages without concrete market price availability was criticized as lacking legal or logical basis, making such determinations unsustainable.

11. Confiscation and penalty imposition:
While under-valuation was established for Citizen CT 500 calculators, the quantum of fine was reduced due to extended storage. Orders of confiscation for other goods were vacated, with penalties reduced, and goods to be assessed at declared prices.