1996 (9) TMI 276 - AT - Customs

Summary

Issues Involved:
1. Valuation of imported goods.
2. Comparison with other imports.
3. Acceptance of transaction value.
4. Debiting enhanced value against licenses.
5. Confiscation of goods.

Detailed Analysis:

1. Valuation of Imported Goods:
The appellant imported 50 cartons of Zip in Coil No. 5 from Taiwan, declaring a CIF value of US $5.70 per hundred yards. The Additional Collector issued a show cause notice suggesting a valuation of US $7.50 per hundred yards CIF but ultimately determined the value at US $6.65 per hundred yards. The appellant challenged this valuation.

2. Comparison with Other Imports:
The show cause notice referred to four other imports for comparison:
- Invoice dated 2-12-1986: Polyester Zipper No. 5 at US $6.65 per 100 yards CIF.
- Invoice dated 24-10-1988: Nylon Zipper No. 5 at US $6.65 per 100 yards CIF.
- Invoice dated 24-2-1989: Nylon Zipper No. 5 Long Chain at US $6.65 per 100 yards CIF.
- Invoice dated 19-1-1990: Zipper Chain with Cord at US $7.50 per 100 yards CIF.

The appellant contended that the imported goods were not identical or similar to those covered by the four invoices and were not contemporaneous. However, the tribunal found that the description in the invoice did not indicate if the Zip in Coil was polyester or nylon, and the compared invoices covered both materials at the same value. The tribunal concluded that the subject goods were similar and contemporaneity was not an issue due to the steady nature of prices.

3. Acceptance of Transaction Value:
The appellant argued that the transaction value should have been accepted in the absence of evidence of additional consideration. The tribunal noted that the materials produced by the appellant, such as the test invoice and other documents, could not be relied upon due to inconsistencies and manipulations. The tribunal found that the consistent price pattern in international trade justified rejecting the transaction value and accepting the value determined by the Additional Collector.

4. Debiting Enhanced Value Against Licenses:
The appellant contended that the enhanced value could not be debited against the licenses produced. The tribunal agreed with the appellant, stating that the declared CIF value, not the assessed CIF value, should be debited against the licenses. This would cover the import without any shortfall.

5. Confiscation of Goods:
The Additional Collector had ordered the confiscation of goods valued at Rs. 16,170.00 and imposed a penalty of Rs. 8000.00 due to the shortfall in the license. The tribunal set aside the confiscation and penalty, stating that the declared value should be debited against the licenses, and thus, there would be no shortfall. Consequently, confiscation under Section 111(d) of the Customs Act and the fixation of redemption fine were not sustainable.

Conclusion:
The tribunal confirmed the value assessed by the Additional Collector but set aside the confiscation order and redemption fine. The appeal was disposed of accordingly.