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TMI Blog2017 (2) TMI 663X X X X Extracts X X X X X X X X Extracts X X X X ..... Valuation - Held that: - Revenue is not in possession of any evidence to conclude that the transaction value is to be disregarded - By considering the goods as other than brass scrap, Revenue has gone ahead with enhancement of the value of the goods. We find that such a step adopted by Revenue does not have the sanction of law. Valuation of imported goods is required to be done on the basis of normal transaction value. To disregard transaction value, sufficient reasons should be available - enhancement of value ordered by Revenue is without justification. Appeal allowed - decided in favor of appellant. - C/50103, 50129/2016 - C/A/50148-50149/2017-CU[DB] - Dated:- 6-1-2017 - Ms. Archana Wadhwa, Member (Judicial) And Shri V. Padmanabhan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hese were brass ingots classifiable under heading 74072110. The department also felt that the value of goods was not correctly declared. During the investigation, the Department sent the goods for laboratory test for opinion as to whether the goods may be classified as brass scrap or brass ingots. The laboratory did not give any opinion as to whether the goods sent for testing were brass scrap or brass ingot. The goods, in the test report, were described as provided by the party Show Cause Notice dated 10.10.2014 proposing higher value for assessment of duty; demanding differential duty which worked out to ₹ 27,694/-; proposing confiscation of brass bars valued at ₹ 3,48,000/- u/s 111(k) 111(m) of the Customs Act and impositi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... othing but brass scrap in the form of a brick. Under the circumstances, no mis-declaration can be attributed to the appellant. ii) The Fate of duty under both the classification are the same. However, Revenue has enhanced the value without following the provision of Customs Valuation Rules. The value has been arbitrarily adopted on the basis of brass sheets imported by the appellant, ignoring the transaction value. iii) Since the dispute is purely legal, no malafied intention can be attributed to the appellant. 4. Ld. Departmental Representative reiterates the findings of the authorities below. 5. The present dispute is regarding the classification and valuation of brass scrap which has arisen during the course of manufactu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o on record that the appellant has received payment through cheque to the extent of the value declared in the documents. The only reason cited by Revenue to enhance the value appears to be the nature of the goods. By considering the goods as other than brass scrap, Revenue has gone ahead with enhancement of the value of the goods. We find that such a step adopted by Revenue does not have the sanction of law. Valuation of imported goods is required to be done on the basis of normal transaction value. To disregard transaction value, sufficient reasons should be available. Only if there are valid reasons to disregard transaction value can the Revenue take recourse to the Customs Valuation Rules to redetermine the value. From the records of thi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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