2018 (6) TMI 143 - AT - Customs

Valuation of imported goods - enhancement of value on the basis of earlier import made by appellant - market inquiry conducted without informing the appellant - Held that - With regard to the earlier import made by the appellant the matter travelled before this Tribunal and has held that the value of imported goods shall be the transaction value and the same is required to be accepted. Therefore in the earlier import wherein the Revenue sought to enhance the value has already been set aside by this Tribunal therefore the same cannot be the ground for enhancing the value the import made in question. Enhancement of value on the basis of market enquiry conducted by the Revenue - Held that - Admittedly it was conducted at the back of the appellant without informing the appellant and secondly on the face of it the market enquiry seems to be of a fabricated one as it was neither obtained from any dealer distributor and these persons did not come forward for cross examination and therefore this evidence cannot be relied upon to enhance the value of imported goods. The Revenue has failed to give concrete evidence for mis-declaration of the goods in that circumstance the assessable value of the imported goods cannot be enhanced - appeal allowed - decided in favor of appellant.

Summary

Issues:
Appeal against order confiscating goods for mis-declaration, valuation dispute, application of Customs Valuation Rules, market enquiry validity, cross-examination requirement, reliance on earlier tribunal decisions.

Analysis:
The appellant appealed against an order confiscating goods due to mis-declaration, allowing release on payment of differential duty and penalty. The appellant, engaged in import and trading, filed a bill of entry for various goods of Chinese origin. A dispute arose over the valuation of the goods, leading to a request for substitution of bill of entry for warehousing. The goods were examined, and mis-declaration was alleged, prompting a market enquiry under Customs Valuation Rules. The appellant's statement and brand authenticity verifications were conducted, resulting in a show cause notice for enhanced valuation, confiscation of branded goods, and imposition of fines and penalties.

The matter was adjudicated, leading to absolute confiscation of branded goods and release of remaining goods on payment of fines and penalties. The appellant agreed to abandon the branded goods but contested the enhanced valuation based on a previous tribunal decision. The appellant argued against the value enhancement, citing lack of concrete evidence and failure of persons indicating prices to appear for cross-examination. The appellant challenged the validity of the market enquiry and the application of Customs Valuation Rules, seeking a re-determination of value.

After hearing both parties, the tribunal found that the earlier tribunal decision set aside the value enhancement in a similar case, rendering it invalid in the current scenario. The tribunal also deemed the market enquiry unreliable due to lack of dealer or distributor involvement and absence of cross-examination. Citing a High Court decision, the tribunal held that the market enquiry could not be the basis for enhancing the assessable value of the goods. Consequently, the tribunal set aside the order enhancing the value, imposing fines, and penalties, while confirming the confiscation of branded goods.

Therefore, the tribunal allowed the appeal, setting aside the order enhancing value, fines, and penalties, but confirming the confiscation of branded goods. The decision emphasized the necessity of concrete evidence in cases of mis-declaration and valuation disputes, highlighting the importance of reliable market enquiries and adherence to legal precedents for fair adjudication.