1999 (12) TMI 215 - AT - Customs

Summary

Issues:
Determining assessable value of lead scrap imported by M/s. Indian Lead Ltd.

Analysis:
1. Initial Assessment by Assistant Collector and Tribunal's Remand:
The Assistant Collector confirmed the assessable value of the lead scrap at US $ 354.38 per metric tonne, which was upheld by the Collector (Appeals). However, the Tribunal found the method used by the Assistant Collector arbitrary as he did not follow the Valuation Rules sequentially. The Tribunal noted that the Assistant Collector failed to consider the costs involved in purifying the lead scrap, leading to a remand for de novo adjudication.

2. Subsequent Assessment by Assistant Collector:
In the de novo adjudication, the Assistant Collector determined the value FOB at US $ 351 per metric tonne. He rejected the transaction value, considering it did not represent the true price due to discrepancies in the contracts between the parties involved. He applied the residual method under Rule 8, considering the prevailing prices in the US market and the lead content of the imported scrap.

3. Appeal to Collector (Appeals) and Reversal:
The importer challenged the Assistant Collector's decision before the Collector (Appeals), who found the rejection of the transaction value arbitrary and illegal. The Collector (Appeals) accepted the importer's contention that the scrap was obtained from firing ranges and consisted of fired bullets with impurities like mud and sand. Consequently, the Collector (Appeals) allowed the importer's appeal, leading to a challenge by the department.

4. Challenging the Collector (Appeals) Decision:
The department challenged the Collector (Appeals) decision, arguing that the price difference between the UK intermediary and the US supplier was erroneous. They contended that the rejection of the transaction value was justified, citing the prevailing market price between the Indian buyer and the foreign seller as per Rule 11 of the Valuation Rules, 1988.

5. Final Decision by the Tribunal:
The Tribunal upheld the Assistant Collector's determination of the value at US $ 351 per metric tonne. It found the rejection of the transaction value justified, considering the discrepancies in the contracts and the lack of evidence supporting the importer's claims regarding the source and quality of the lead scrap. The Tribunal observed that the method used to reduce the price of Rack to determine the imported scrap value pro rata was reasonable, ultimately setting aside the Collector (Appeals) decision and restoring the Assistant Collector's order.