2018 (5) TMI 684 - AT - Customs

Valuation - enhancement of value - import of light melting steel scrap turning - reliability on the report of Chartered Engineer - Whether in the facts and circumstances of the case, the opinion of the chartered engineer, who is not a metallurgical engineer, should not be relied upon and value can not be enhanced on that basis and the appeals of the appellants allowed, as held by the Member (Judicial)? - difference of opinion - majority order. Held that - the said chartered engineer was empanelled for valuation of second hand machinery and he was mechanical engineer and as per the said Public Notice, he did not have authority to give opinion on metals - the original authority has not discarded the transaction value as required under Section 14 of the Customs Act, 1962 - the original authority has not exercised his power to adjudicate the same but simply adopted the opinion suggested by the said chartered engineer who did not have authority as empanelled chartered engineer relating to metals - the opinion of the chartered engineer, who is not a metallurgical engineer, should not be relied upon and value can not be enhanced. In view of the majority order, both the appeals are allowed with consequential relief.

Issues: Misdeclaration of goods, Undervaluation, Expert opinion of Chartered Engineer, Rejection of transaction value, Appeal against confiscation and penalties, Discrepancy in judgments.

Misdeclaration of Goods and Undervaluation:
The case involved M/s. Sharu Steels Pvt. Ltd. importing steel scrap, which was found to be different from the declared description. The Revenue alleged misdeclaration and undervaluation, proposing an enhanced value. The Chartered Engineer's opinion was crucial in determining the type and value of the goods. The original authority upheld the charges, leading to confiscation, penalties, and an appeal to the Commissioner (Appeals), who affirmed the decision. However, the Appellate Tribunal found discrepancies in the Chartered Engineer's expertise and methodology, emphasizing the lack of evidence to reject the transaction value and enhance the assessable value solely based on the engineer's opinion.

Expert Opinion of Chartered Engineer:
The Appellate Tribunal analyzed the Chartered Engineer's opinion, highlighting the challenge to his credibility due to being a mechanical engineer and not a metrological engineer. The Tribunal questioned the engineer's ability to segregate materials and enhance value based on prima quality metals, ultimately discrediting the engineer's expertise and the basis for value enhancement. The Tribunal emphasized the lack of evidence supporting the rejection of transaction value and the reliance on the engineer's personal opinion without substantial documentary backing.

Rejection of Transaction Value:
The Tribunal emphasized the legal requirement to reject transaction value with sufficient evidence before enhancing the assessable value. In this case, the Revenue failed to provide evidence contradicting the contracted price, leading the Tribunal to set aside the impugned order and allow the appeals, as the value enhancement lacked justification and evidential support.

Appeal Against Confiscation and Penalties:
The Tribunal overturned the Commissioner (Appeals) decision, highlighting the lack of evidence to support misdeclaration and undervaluation charges. The Tribunal found no infirmity in the original order, setting aside the penalties and confiscation, thereby allowing both appeals with consequential relief.

Discrepancy in Judgments:
The case presented a difference of opinion between the Members of the Tribunal. While one Member emphasized the misdeclaration of goods and upheld the penalties based on the Chartered Engineer's opinion, another Member questioned the engineer's expertise and the basis for value determination. The third Member concurred with the latter, highlighting the mechanical engineer's limitations in assessing metals and the lack of authority to provide opinions on such matters. The majority decision allowed both appeals, emphasizing the flaws in the Chartered Engineer's assessment and the absence of evidence to reject the transaction value.

← Previous Next →