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2024 (7) TMI 390 - AT - CustomsValuation - Application for staying the operation of Order-in-Appeal - Legality of order of the ld. Commissioner (Appeals) - HELD THAT - On similar facts and circumstances of the case, this Tribunal in the case of COMMISSIONER OF CUSTOMS (PORT) , KOLKATA VERSUS M/S. PROFILE OVERSEAS 2023 (10) TMI 1400 - CESTAT KOLKATA , has held ' we find that the Department has not made any attempt to follow the procedure given under the Valuation (Determination of Value of Importers Goods) Rules 2007 and has simply adopted the NIDB data and selectively enhanced value. As discussed above, the Commissioner (Appeals), has given a detailed finding along with reasons while setting aside the Order-in-Original.' There are no reason to interfere with the impugned order - appeal of Revenue dismissed.
Issues: Revenue's application for stay of operation of Order-in-Appeal, Validity of Commissioner (Appeals) order, Adherence to Valuation Rules, Adoption of NIDB data for value enhancement, Comparison of imported goods' value, Rejection of transaction value without valid reasons, Assessment based on transaction value, Pick and choose approach in valuation, Compliance with Valuation Rules, Rejection of enhanced values, Assessment at declared invoice value.
The judgment pertains to the Revenue's application for staying the operation of an Order-in-Appeal issued by the Commissioner of Customs (Appeals) in Kolkata. The Tribunal observed that the Revenue's Stay Petition lacked merit as the impugned order was not prima facie illegal or without jurisdiction. Consequently, the Tribunal rejected the Revenue's application for a stay. The Tribunal decided to dispose of the appeal itself due to the narrow compass of the issue and its alignment with a prior decision of the Bench. The Tribunal examined the impugned order and referenced a previous decision involving the importation of "Christmas light" and other electrical items from China. In that case, the Tribunal had held that the assessing officer's rejection of transaction value without valid reasons and failure to follow valuation rules rendered the enhancement of value unsustainable. The Tribunal emphasized the importance of adhering to valuation rules and assessing goods at the declared invoice value unless there is evidence to the contrary. The Tribunal dismissed the Revenue's appeal, citing non-compliance with valuation rules and the adoption of a selective approach in enhancing values based on NIDB data. The Tribunal highlighted the need for Revenue authorities to consider quality and price variations when assessing imported goods, emphasizing that the valuation should be based on transaction value unless valid reasons exist to deviate. The Tribunal referenced a Supreme Court order supporting this principle. The Tribunal reiterated that the rejection of transaction values without valid reasons and the failure to follow due procedure under valuation rules render any value enhancement unsustainable. The Tribunal emphasized that the enhancement of values without legal sanction is impermissible and ordered the assessment of bills of entry at the declared invoice value. The Tribunal upheld the Commissioner (Appeals)'s decision to set aside the Order-in-Original due to the Revenue's failure to follow proper valuation procedures. Ultimately, the Tribunal dismissed the Revenue's appeal, aligning with the earlier decision's rationale and emphasizing the importance of adherence to valuation rules and fair assessment practices.
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