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Issues:
The appeal concerns the valuation of HDPE Granules imported by the respondents, with the Revenue challenging the acceptance of the invoice value at U.S. $ 885.00 per M.T. by the Commissioner (Appeals) and rejecting the enhancement to US $ 1,220.00 per M.T. by the original authority. Valuation Dispute: The original authority based the case against the respondents on evidence of import of identical goods of Japanese origin priced between US $ 1,225.00 to US $ 1,340.00 per M.T. However, the computer print-out of Bombay Customs House showed the price of identical goods at US $ 830.00 per M.T., which was discarded as provisional. The Commissioner (Appeals) found that the lower value accepted by the Custom House for similar goods imported by other entities should not be disregarded, as it negated the Customs (Valuation) Rules. The Assistant Collector failed to provide evidence to justify the increase in declared value, leading to the dismissal of the Revenue's appeal. Ruling on Appeal: The Revenue contended that the lower appellate authority erred in relying on the price in the case of M/s. Mayur Plastics, which was under provisional assessment. However, the Tribunal noted that the issuance of a show cause notice did not confirm acceptance of the higher price. Without clear evidence that the invoice was not genuine or that clandestine considerations were involved, the transaction value should not be routinely discarded. Since no such evidence was presented by the Revenue, the appeal was dismissed.
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