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TMI Blog2024 (8) TMI 270X X X X Extracts X X X X X X X X Extracts X X X X ..... appellant that the declared value of the goods could not be accepted in light of Customs Valuation (determination of value of imported goods) Rules, 2007 read with Section 14 of the Customs Act, 1962. In reply, the Appellant had submitted previous Bills of Entry. However the assessing officers had observed that the same did not substantiate their declared value. Therefore, the assessing officers re-assessed the imported goods on enhanced value on the basis of contemporaneous import data of similar goods. The Adjudicating authority, after considering the evidences available on record upheld the orders of assessing officers enhancing the assessable value of imported goods vide orders-in-original dated 07.01.2021 and 14.01.2021. Being aggrieved with the impugned orders appellant filed appeals before the Commissioner (Appeals). The Ld. Commissioner (Appeals) vide impugned orders-in-appeal No. AHD-CUSTM-000-APP-142-23-24 and No. AHD-CUSTM-000-APP-143-23-24 both dated 14.08.2023 upheld the rejection of declared value and enhancement of assessable value in the Bills of Entry Nos. 2200633 dated 01.01.2021, 2014687 dated 18.12.2020 and BE No. 9985145 dated 16.12.2020 and set aside the enhan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rpn. Vs. Commissioner of Customs, Kandla -2014(312)ELT 381 (Tri.- Ahmd) 5. On other hand Shri R.R. Kurup, Ld. Superintendent (AR) appearing on behalf of the revenue reiterated the finding of impugned order. 6. We have carefully considered the submissions made by both the sides and perused the records. The valuation in Customs is governed by Section 14 of Customs Act, 1962 which provides that : (1) For the purpose of the [Customs Tariff Act, 1975] (51 of 1975) or any other law for the time being in force whereunder a duty of Customs is chargeable on any goods by reference to their value, the value of such goods shall be deemed to be the price at which such or like goods are, ordinarily sold, or offered for sale, for delivery at the time and place of importation or exportation, as the case may be, in the course of international trade, where the seller and the buyer have no interest in the business of each other and the price is the sole consideration for the sale or offer for sale' provided that such price shall be calculated with reference to rate of exchange as in force on the date on which a bill of entry is presented under Section 46, or a shipping bill or bill of expert as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons which may include - (a) the significantly higher value at which identical or similar goods imported at or about the same time incomparable quantities in a comparable commercial transaction were assessed. (b) the sale involves an abnormal discount or abnormal reduction from the ordinarily competitive price. (c) the sale involves special discounts limited to exclusive agents. (d) the misdeclaration of goods in parameters such as description, quality, quantity, country of origin, year of manufacture or production; (e) the non-declaration of parameters such as brand, grade specifications that have relevance to value; (f) the fraudulent or manipulated documents. 10. The lower authorities have re-determined the value in terms of Rule 5, the said provisions are reproduced here under: Rule 5. Transaction value of similar goods. - (1) Subject to the provisions of Rule 3, the value of imported goods shall be the transaction value of similar goods for export to India and imported at or about the same time as the goods being valued : Provided that such transaction value shall not be the value of the goods provisionally assessed under Section 18 of the Customs Act, 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e value is deemed to be the price at which such goods are ordinarily sold or offered for sale, for delivery at the time and place of importation in the course of international trade where the seller and the buyer have no interest in the business of each other and the price is the sole consideration for the sale or for offer for sale. Therefore, what has to be seen by the Department is the value or cost of the imported goods at the time of importation, i.e., at the time when the goods reaches the customs barrier. Therefore, the invoice price is not sacrosanct. However, before rejecting the invoice price the Department has to give cogent reasons for such rejection. This is because the invoice price forms the basis of the transaction value. Therefore, before rejecting the transaction value as incorrect or unacceptable, the Department has to find out whether there are any imports of identical goods or similar goods at a higher price at around the same time. Unless the evidence is gathered in that regard, the question of importing Section 14(1A) does not arise. In the absence of such evidence, invoice price has to be accepted as the transaction value. Invoice is the evidence of value. C ..... X X X X Extracts X X X X X X X X Extracts X X X X
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