9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2012 (4) TMI 328 - AT - CustomsOvervaluation of the exported goods - Penalty - Regarding determination of present marketable value - CBEC Circular No.69/97-Cus. dated 08.12.97 - Para 3.b specifically talks about PMV and is up to 150% of AR 4 value no market enquiry requires to be caused but if it is more than 150% of AR 4 price, then market enquiry has to be caused. - held that - The factual aspect of the purchase of CD ROMs from M/s. Padmini Polymers Ltd, at a price cannot be discarded by the Revenue simply for the reason that the said M/s. Padmini Polymers Ltd. had no domestic sale and even if there is any domestic sale, it was to the tune of just merely 0.5% of the total sales affected by them. It is undisputed that even the 0.5% of domestic sales which were affected by M/s. Padmini Polymers Ltd. were of the value which were the purchase price of M/s. Colourtex. If that be so, the quantum of local sale clearances cannot be determinative factor as to whether the purchase price of M/s. Colourtex of the CD ROMs is incorrect or otherwise.
Issues Involved:
1. Alleged overvaluation of CD ROMs by M/s. Colourtex. 2. Imposition of penalties on M/s. Colourtex, its partner, M/s. Adani Exports Ltd., and M/s. Padmini Polymers Ltd. 3. Validity of the adjudicating authority's findings and procedures. Issue-wise Detailed Analysis: 1. Alleged Overvaluation of CD ROMs by M/s. Colourtex: The main issue was whether M/s. Colourtex had overvalued the CD ROMs exported to claim ineligible DEPB benefits. The adjudicating authority concluded that M/s. Colourtex overvalued the CD ROMs based on several findings, including the fact that M/s. Colourtex was not traditionally in the business of exporting CD ROMs but dealt in dyes, chemicals, and polished diamonds. The authority also noted that M/s. Colourtex had entered into the CD ROM export business hastily and with the assistance of M/s. Padmini Polymers Ltd. and M/s. Adani Exports Ltd., indicating a conspiracy to defraud the government. However, the Tribunal found this reasoning flawed. M/s. Colourtex had purchased the CD ROMs from M/s. Padmini Polymers Ltd. at a price of Rs.600/- to Rs.615/- per piece and exported them at Rs.764/- to Rs.770/- per piece, which was within the accepted norm of 150% of the AR4 value as per CBEC Circular No.69/97-Cus. The Tribunal noted that the shipping bills were assessed and approved by the authorities, and no show cause notice was issued within thirty days as required by the circular. Therefore, the declared export price was deemed accepted, and the overvaluation claim was unsubstantiated. 2. Imposition of Penalties: Penalties were imposed on M/s. Colourtex, its partner, M/s. Adani Exports Ltd., and M/s. Padmini Polymers Ltd. The Tribunal found that the adjudicating authority did not consider the submissions made by the appellants adequately. M/s. Adani Exports Ltd. and M/s. Padmini Polymers Ltd. adopted the submissions of M/s. Colourtex, arguing that there was no overvaluation and that the transactions were genuine. The Tribunal agreed, noting that the penalty impositions were based on presumptions rather than concrete evidence of wrongdoing. The Tribunal found that the payments and transactions were legitimate and within the norms. 3. Validity of the Adjudicating Authority's Findings and Procedures: The Tribunal criticized the adjudicating authority for not addressing the appellants' submissions and for relying on presumptions. The authority's findings on the overvaluation were not supported by substantial evidence. The Tribunal emphasized the importance of adhering to procedural guidelines, such as issuing a show cause notice within the stipulated time and conducting market enquiries as required by the CBEC Circular. The Tribunal found that the adjudicating authority failed to follow these procedures, rendering the impugned order unsustainable. Conclusion: The Tribunal set aside the impugned order, finding that the adjudicating authority's conclusions were based on flawed reasoning and procedural lapses. The appeals were allowed, and the penalties imposed on M/s. Colourtex, its partner, M/s. Adani Exports Ltd., and M/s. Padmini Polymers Ltd. were revoked.
|
