2018 (9) TMI 1158 - AT - Customs

Valuation of imported goods - Ramie Unprocessed Yarn - enhancement of value based on NIDB data - Held that - The value of imported goods cannot be enhanced on the basis of NIDB data. Both the lower authorities while relying on the NIDB data for enhancement of value have however, not bothered to ascertain whether such NIDB data related to value of goods as declared by the concerned importers or whether the same reflected the enhanced values after assessment. Thus even on this very issue of reliance of NIDB data for enhancement, the impugned order cannot then be sustained. Also, It cannot be the case that goods had been invoiced by supplier with indication of Denier or Nm, such invoiced details have not been declared by the appellants while filing the Bill of Entry. The enhancement of the declared value cannot be done on the basis of NIDB data - appeal allowed.

Summary

Issues:
1. Valuation of imported goods based on NIDB data.
2. Comparison of different types of yarn.
3. Rejection of declared value under Rule 12 of Customs Valuation Rules.

Issue 1: Valuation of imported goods based on NIDB data:
The appellant imported Ramie Unprocessed Yarn, but the original authority enhanced the value based on NIDB data, leading to appeals. The appellant argued that NIDB data cannot be the basis for value enhancement, citing various judgments. The appellant highlighted selective use of NIDB data and previous imports at a lower value. The Tribunal agreed, stating that reliance on NIDB data without verifying its relevance to declared values is not justified. Citing precedent, the Tribunal emphasized that NIDB data comparison should align with actual imports, setting aside the impugned orders and allowing the appeals.

Issue 2: Comparison of different types of yarn:
The appellant contended that the NIDB data compared was for "100% Ramie Yarn," not "100% Ramie Unprocessed Yarn" as imported. The Tribunal concurred, noting the discrepancies in the comparison and lack of evidence of overpayment. The Tribunal observed that all import-related documents referred to "100% Ramie Unprocessed Yarn" without Denier or Nm details, indicating no invoiced Denier or Nm values. Consequently, the Tribunal ruled in favor of the appellant, emphasizing the importance of accurate comparisons in valuation disputes.

Issue 3: Rejection of declared value under Rule 12 of Customs Valuation Rules:
The respondent argued for the rejection of declared value under Rule 12, citing reasons like non-declaration of relevant parameters. However, the Tribunal found that the higher value for the second consignment was justified based on Denier and Nm values. The Tribunal disagreed, stating that the rejection of declared value should be based on valid reasons and not solely on NIDB data. By analyzing the facts and legal principles, the Tribunal overturned the impugned orders and allowed the appeals with appropriate benefits as per law.

This detailed analysis of the judgment from the Appellate Tribunal CESTAT CHENNAI highlights the key issues, arguments presented by both parties, and the Tribunal's reasoning leading to the final decision in favor of the appellant.