2019 (9) TMI 128 - AT - Customs

Valuation of imported goods - aluminium scrap - rejection of transaction value - enhancement of value by the assessing officer based upon the NIDB data - HELD THAT - The transaction value declared by the importer does not stand rejected by the lower authorities on the basis of any evidence indicating the same to be incorrect. The officers merely rejected the same and enhanced the value on the basis of NIDB data. Hon ble Supreme Court in their recent decision in the case of COMMISSIONER OF CENTRAL EXCISE AND SERVICE TAX, NOIDA VERSUS M/S. SANJIVANI NON-FERROUS TRADING PVT. LTD. 2018 (12) TMI 738 - SUPREME COURT have upheld the Tribunal decision laying down that without rejecting the transaction value, NIDB data cannot be resorted for the purpose of enhancement of value. Appeal allowed - decided in favor of appellant.

Summary

The Appellate Tribunal CESTAT ALLAHABAD rejected a request for adjournment and proceeded to decide appeals related to the valuation of imported aluminium scrap. The Tribunal found that the transaction value declared by the importer was not rejected with evidence, and the enhancement based on NIDB data was not valid without rejecting the transaction value. The Tribunal set aside the Commissioner(Appeals) order and allowed all appeals with consequential relief.