2005 (6) TMI 95 - AT - Customs

Summary

Issues:
1. Contemporaneous import of identical goods at a higher value.
2. Determination of under valuation based on comparison of invoices.
3. Right of the department to re-open assessment within the statutory time limit.
4. Comparison of transaction value with value declared by the importer.
5. Genuineness of the value of imported goods.

Analysis:
The case involved two appeals filed by the Revenue against the Order-in-Appeal passed by the Commissioner of Customs & Central Excise. The respondents imported a textile machine from Japan, and the lower authority confirmed a demand based on a contemporaneous import of identical goods at a higher value. The Commissioner (Appeals) found no evidence that the declared price was not genuine, citing the manufacturer's invoice and payment records. The Commissioner also referred to the Supreme Court's decision in Basant Industries, emphasizing that mere comparison of invoices is not conclusive for determining under valuation.

The Revenue contested the Order-in-Appeal on several grounds. Firstly, they argued that the imports were contemporaneous based on the dates of the Bill of Entry. Secondly, they asserted the department's right to re-open assessment within the statutory time limit. Thirdly, they highlighted the comparison of transaction values and distinguished the case from Basant Industries. During the hearing, the Revenue was represented by Smt. R. Bhagya Devi, while no one appeared on behalf of the respondents.

After carefully reviewing the case records, the Appellate Tribunal found no reason to doubt the genuineness of the imported goods' value. The Tribunal noted the production of the manufacturer's invoice and proper remittances through a banking channel. Consequently, the Tribunal rejected the Revenue's appeals, concluding that there was no merit in their arguments. The decision was dictated and pronounced in open court.