2019 (5) TMI 486 - AT - Customs

Valuation - undervaluation of imported goods - enhancement of transaction value - Rejection of transaction value not done - Entire case of under valuation made out in the present proceedings is that Appellant 1 had supplied the goods imported by them to DESU at much higher price than the price declared by them on Bill of Entry - HELD THAT - Without rejecting the transaction value in the course of international trade in just and reasonable manner he could not have applied the rule 5 to 8. Further in case he was able to reject the transaction value then also he had to determine the transaction value by application of rules 5 and 6 first before coming to rule 7. Higher value charged by the appellants at the time of sale of imported goods cannot be reason for rejection of transaction value in course of international trade. Thus, in the absence of any just and reasonable cause for rejection of transaction value, we are not in position to sustain the order of Commissioner - declared value upheld. Appeal allowed - decided in favor of appellant.

Issues Involved:
1. Alleged willful misdeclaration of the value of imported goods.
2. Recovery of differential duty under Section 28(1) of the Customs Act, 1962.
3. Imposition of penalties under Sections 112(a) & (b) and/or Section 114A of the Customs Act, 1962.
4. Jurisdiction of the Adjudicating Commissioner.
5. Application of Customs Valuation Rules.

Issue-wise Detailed Analysis:

1. Alleged Willful Misdeclaration of the Value of Imported Goods:
A show cause notice dated 15.02.1999 alleged that the appellants willfully misdeclared the value of goods imported under Bill of Entry No 4741 dated 10.02.1994. The Commissioner, in the original order, confirmed the demand of duty along with interest and imposed penalties on the noticees. The Tribunal, in its previous order, remanded the matter back to the adjudicating authority for fresh adjudication, observing that the Commissioner failed to record findings on the issue of whether different goods were supplied to DESU than those imported by the appellants.

2. Recovery of Differential Duty under Section 28(1) of the Customs Act, 1962:
The Commissioner ordered M/s Degmak Engineering Corporation to pay an amount of ?5,92,378/- demanded and recoverable under Section 28(1) of the Customs Act, 1962. The Tribunal noted that the entire case of undervaluation was based on the comparison between the declared value and the sale value to DESU, highlighting a significant difference. However, the Tribunal found that the valuation adopted by the Commissioner was contrary to the scheme of Section 14 of the Customs Act, 1962, which requires the transaction value in the course of international trade to be the assessable value unless rejected in a just and reasonable manner.

3. Imposition of Penalties under Sections 112(a) & (b) and/or Section 114A of the Customs Act, 1962:
The Commissioner imposed penalties of ?1,00,000/- on M/s Degmak Engineering Corporation, ?60,000/- on Shri Ashok T Bhatia, and ?60,000/- on Shri Hareshlal Bhatia under Section 112(a) of the Customs Act, 1962. The Tribunal, however, set aside the impugned order, finding no just and reasonable cause for rejecting the transaction value, and thus, the penalties could not be sustained.

4. Jurisdiction of the Adjudicating Commissioner:
The appellants argued that the Adjudicating Commissioner lacked jurisdiction to adjudicate the case, citing the Delhi High Court order in the case of Mangali Impex Ltd. The Tribunal did not explicitly address this jurisdictional argument in the final decision but focused on the incorrect application of valuation rules by the Commissioner.

5. Application of Customs Valuation Rules:
The Tribunal emphasized that the scheme of valuation under Section 14 of the Customs Act, 1962, read with the Customs Valuation Rules, 1988, requires the transaction value to be accepted unless rejected for valid reasons. The Commissioner’s approach of comparing the declared value with the sale value to DESU was found to be incorrect. The Tribunal cited the Apex Court’s decisions in Garden Silk Mills and Eicher Tractors Ltd, which clarified that transaction value should be the basis for assessment unless invalidated under specific conditions outlined in the rules.

Conclusion:
The Tribunal set aside the impugned order of the Commissioner Customs (Preventive) and allowed the appeals. It concluded that there was no just and reasonable cause for rejecting the transaction value, and the higher sale value charged by the appellants could not be a reason for such rejection. The penalties imposed under Section 112(a) were also set aside, and the demand for differential duty was annulled.

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