2003 (9) TMI 139 - AT - Customs

Summary

Issues:
1. Interpretation of Customs Valuation Rules, 1988 regarding the value of imported goods for stock and sale.
2. Comparison of transaction value with the value of goods imported for third parties.
3. Application of the principle of natural justice in issuing orders without a show cause notice.

Analysis:

Issue 1: Interpretation of Customs Valuation Rules, 1988 regarding the value of imported goods for stock and sale:
The case involved a dispute over the value of imported goods for stock and sale by the appellants. The Tribunal examined whether the value of goods imported by the appellants should be loaded with reference to the value of identical goods imported for third parties under Rule 5 of the Customs Valuation Rules, 1988, or if the transaction value declared by the appellants should be accepted. The Tribunal found that the transaction value declared by the appellants should be accepted as the actual value of the goods imported for their stock and sale. This decision was based on the lack of evidence showing any extra consideration or benefit received by the appellants beyond the declared transaction value.

Issue 2: Comparison of transaction value with the value of goods imported for third parties:
The Tribunal considered the argument presented by the appellants that the goods imported for their own stock and sale were directly from the manufacturer, while the goods imported for third parties were from a trader, resulting in price variations. The Tribunal noted that the commission received by the appellants for acting as indenting agents for third-party imports was disclosed and part of the agreement with the foreign manufacturer. It was emphasized that the commission paid to the appellants should not be considered a flow back. The Tribunal concluded that the two types of imports could not be compared directly, and the transaction value declared by the appellants was deemed acceptable as the actual value of the goods.

Issue 3: Application of the principle of natural justice in issuing orders without a show cause notice:
The Tribunal highlighted a procedural issue regarding the initial order passed by the Assistant Collector, directing the appellants to make a declaration without issuing a show cause notice or providing an opportunity for a hearing. The Commissioner of Customs (Appeals) had rejected the appeal without addressing this violation of natural justice. However, the Tribunal, in line with the principles of natural justice, set aside the previous orders and remanded the matter to the original authority to pass a fresh order after affording a reasonable opportunity of hearing to the appellants.

In conclusion, the Tribunal allowed the appeal, emphasizing the acceptance of the transaction value declared by the appellants for the imported goods for their stock and sale, and highlighting the importance of procedural fairness in administrative orders.