2013 (10) TMI 412 - AT - Customs

Assessable Value import of Watch Batteries - mis-declaration of classification - Power to enhance value as per the provision of Rule 9 of the Valuation Rules - Exemption of Additional Duty of Customs - Held that - t there is no dispute about description and the result of the examination conducted in presence of the representative of the importer. The non-declaration of the brand and the specification of the goods does have impact on the valuation of the goods under import. In respect of batteries the country of origin was declared by the importer as Made in China whereas on examination the batteries were found to be made in Japan and as such there was a mis -declaration in respect of country of origin of the batteries. Appellant submitted that the batteries were purchased in stock lot. No evidence has been submitted by the importer in support of his contention that the transaction in respect of the batteries was a stock lot transaction. Number of batteries imported by the appellant is 1 ,25,933 dozen and value of these batteries was declared by the importer as 0.06 USD per dozen (Rs.0.226 per piece). On the basis of NIDB data available with the department in respect of batteries of Japan origin, the department loaded its value to Rs.4 per piece. The lower authorities have applied the NIDB data after taking the lowest value of identical or similar goods found during the relevant period. No infirmity in respect of applying NIDB data to the batteries imported by the appellant - Decided against the assessee by majority decision.

Issues Involved:
1. Under-valuation of imported goods.
2. Mis-declaration of country of origin.
3. Application of NIDB data for valuation.
4. Confiscation and penalty under Customs Act, 1962.
5. Acceptance of stock lot argument by the importer.
6. Admissibility of evidence and legal precedents.

Detailed Analysis:

1. Under-valuation of Imported Goods:
The appellants filed a Bill of Entry for various goods including footwear, socks, watch batteries, and baby optical frames, declaring a total assessable value of Rs. 9,92,573/-. The Customs authorities, upon examination, found the declared values to be grossly undervalued compared to NIDB data. The adjudicating authority reassessed the value to Rs. 68,59,210/- and imposed penalties and fines.

2. Mis-declaration of Country of Origin:
During the examination, it was observed that the batteries were branded as Maxell/Sony and made in Japan, contrary to the declared origin of China. This mis-declaration of country of origin was a significant factor in the case, impacting the valuation and leading to the rejection of the declared value.

3. Application of NIDB Data for Valuation:
The adjudicating authority used NIDB data to reassess the value of the imported goods. The appellant contended that the use of NIDB data was inappropriate as it did not account for the specific circumstances of their import, such as the stock lot nature of the goods. The tribunal noted that the authorities did not adequately compare the imported goods with identical goods in terms of country of origin, time of import, quality, and quantity, as required by law.

4. Confiscation and Penalty under Customs Act, 1962:
The adjudicating authority ordered the confiscation of the goods under Sections 111(d) and 111(m) of the Customs Act, 1962, with an option to redeem the goods on payment of a redemption fine of Rs. 13,72,000/-. Additionally, a penalty of Rs. 6,86,000/- was imposed under Section 112. The Commissioner (Appeals) upheld the confiscation but reduced the penalty to Rs. 3,43,000/-.

5. Acceptance of Stock Lot Argument by the Importer:
The appellant claimed that the batteries were purchased on a stock lot basis, which justified the lower declared value. The tribunal found that this claim was not rebutted by the Revenue with contrary evidence. However, the Technical Member disagreed, stating that the quantities imported did not indicate a stock lot transaction and that the low declared values were not believable.

6. Admissibility of Evidence and Legal Precedents:
The tribunal examined several legal precedents cited by the appellant, including cases where the use of NIDB data was questioned and the importance of establishing contemporaneous import details. The tribunal found that the lower authorities did not provide adequate evidence to reject the invoice value or prove extra payments to the foreign supplier.

Separate Judgments:
The Judicial Member allowed the appeal, setting aside the impugned orders and granting consequential relief to the appellant, citing the lack of evidence to justify the enhanced values. The Technical Member, however, rejected the appeal in respect of the batteries, emphasizing the mis-declaration of the country of origin and the unconvincing stock lot argument.

Final Order:
The majority order concluded that the appeal in respect of watch batteries was rejected, while the appeal concerning the other items was allowed. The registry was directed to take necessary steps to resolve the difference in views and implement the final order.

← Previous Next →