1995 (2) TMI 232 - AT - Customs

Summary

Issues Involved:
1. Mis-declaration of value and description of imported goods.
2. Non-compliance with Customs Valuation Rules.
3. Determination of the correct value of imported goods.
4. Imposition of redemption fine and penalty.

Detailed Analysis:

1. Mis-declaration of value and description of imported goods:
M/s. Nirav International, Bombay (Nirav) imported disperse dyes from Hong Kong, declaring their value at Rs. 81,378/- and Rs. 81,430/- respectively, and described them as of China origin. However, they failed to provide necessary details for valuation under Rule 10 of the Customs Valuation (Determination of Price of Imported Goods) Rules, 1988 (Valuation Rules). The packages did not match the invoice descriptions, and upon testing, the goods were identified as synthetic organic dye-stuff with shades similar to CI disperse blue 165/red 343. The declared value was found to be mis-declared and exceeded the permitted value under the import license.

2. Non-compliance with Customs Valuation Rules:
The Collector of Customs, Madras, observed that the invoice and declared value were not acceptable under Rule 4 of the Valuation Rules. The goods were mis-declared regarding their value and origin. The importer did not provide the required REP licenses to cover the value of the goods. The goods were confiscated but allowed redemption on payment of fines and penalties. The Collector determined the value using Rule 8 of the Valuation Rules, which allows for valuation based on reasonable means when transaction value cannot be accepted.

3. Determination of the correct value of imported goods:
The Collector determined the value of the goods based on market inquiries. For CI disperse blue, the value was set at DM 69.3 per kg, considering the lower price quoted by M/s. Chika Ltd., despite a higher price quoted by M/s. Colour Chem Ltd. For CI disperse red, the value was determined at DM 62.5 per kg. The Tribunal upheld this valuation, noting that the declared value was rightfully rejected due to insufficient documentation and non-disclosure of critical information such as the manufacturer's details and product concentration.

4. Imposition of redemption fine and penalty:
The Collector imposed a redemption fine of Rs. 2 lakhs and a penalty of Rs. 1 lakh for disperse dyes red, and a redemption fine of Rs. 4 lakhs and a penalty of Rs. 1.25 lakhs for disperse dyes blue. The Tribunal, while upholding the rejection of the declared value and the determined valuation, reduced the redemption fines and penalties. For disperse dyes blue, the redemption fine was reduced to Rs. 2 lakhs and the penalty to Rs. 60,000/-. For disperse dyes red, the redemption fine was reduced to Rs. 1 lakh and the penalty to Rs. 50,000/-.

Conclusion:
The Tribunal confirmed that the declared values were rightfully rejected and the values determined by the Collector were appropriate. However, it provided relief by reducing the redemption fines and penalties imposed. The appeals were otherwise rejected, affirming the Collector's findings and the application of the Valuation Rules.