9911796707
TMI Blog2023 (3) TMI 137X X X X Extracts X X X X X X X X Extracts X X X X ..... t hand for concluding that these are not local market prices in Ukraine - The allowance for quantity at 4.5% is equally cryptic, as also the further abatement for not being coil, assigned to sheets. The addition of US$ 50 per MT towards freight is not compatible with the corresponding provision in Customs Valuation (Determination of Value of Imported Goods) Rules, 2007 especially as actual freight was easily ascertainable. The arbitrariness of the computation is sufficient to discredit the confirmation of enhancement by resort to rule 9 of Customs Valuation (Determination of Value of Imported Goods) Rules, 2007 in the impugned order. That assessable values of contemporaneous imports are said to be available and, indeed, claimed to be bas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or of prime cold rolled coils (non-alloy) and US$ 570/MT for prime cold rolled sheets (non-alloy) , sought restoration of declared values before the first appellate authority. The continuation of the detriment by Commissioner of Customs (Appeals), Mumbai Customs Zone-I1 is under challenge before us. 2. The original authority had held that the declared value was liable to be rejected by recourse to rule 12 of Customs Valuation (Determination of Value of Imported Goods) Rules, 2007 as query before resorting to enhancement had not been responded to with acceptable documentary evidence. The validity of the consequent redetermination of value lies in conformity of the computation with 8. Computed value.- Subject to the provisions of ru ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent certificate or bill of exchange to establish the genuineness of the value as declared, these were considered to suffice for invoking rule 12 of Customs Valuation (Determination of Value of Imported Goods) Rules, 2007 thus 8. .. Since the value cannot be determined under Rule 3(1), the same needs to be re-determined as per 3(4) by proceeding sequentially through Rule 4 to 9 of the Customs Valuation Rules, 2007. The contemporaneous import prices of identical goods were not available; hence the value could not be determined under Rule 4 of Customs Valuation Rules, 2007. The value cannot be re-determined under Rule 5 of the said Rules as value of similar goods i.e. Prime Cold Rolled Non Alloy Steel Coils/sheets (Ex-Stock) were also no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ice discount of 10% can be given on this price as the goods were of Ex-stock. Therefore the FOB price of CR Coils can be determined logically at USD 565 PMT. Since the total quantity of consignment was huge i.e. 6,790.250 MTS a further USD 25 PMT (4.5% approx.) discount can be given on CR Coils Ex-stock and the value of CR Coils Ex-stock can be redetermined at (565-25) =540 USD PMT(FOB). In case of CR Sheets Ex- stock a further discount of 20 USD PMT can be given to re-determine the value of CR Sheets Ex-stock at 540- 20 = 520 USD PMT (FOB). Since the declared value is C F value, the C F Value of CR Coils was re-determined at 540 + 50 = 590 USD PMT and C F value of CR Sheets was determined at 520 + 50 = 570 USD PMT because as an assessment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with the justification recorded for invoking of rule 12 of Customs Valuation (Determination of Value of Imported Goods) Rules, 2007. 6. The range of US$ 2 in the pricing of the contemporaneous imports for the converted values in the enumerated bills of entry does not appear to be compatible with the exchange rates prevailing in May 2012. Furthermore, the first appellate authority has approved of purported reliance placed by the original authority on Public Ledger which is surprising, to say the least, as that order did not and, in any case, the referred publication reports indicative prices of agricultural products. It is evident that non-application of mind to the dispute in appeal is amply demonstrated. 7. Without going into cont ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t also appears from the alternative computation in the order of original authority, based on declared value of hot rolled sheets of non-alloy steel carried in the same vessel, and which had been accepted as transaction value, to which the proportion of difference indicated by prices in the Metal Bulletin was applied for arriving at the same computed value as supra, that the adjudicating Assistant Commissioner of Customs was unsure enough about the first calculation to seek reinforcing support to the finding. 10. The arbitrariness of the computation is sufficient to discredit the confirmation of enhancement by resort to rule 9 of Customs Valuation (Determination of Value of Imported Goods) Rules, 2007 in the impugned order. That assessa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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