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TMI Blog2024 (11) TMI 300X X X X Extracts X X X X X X X X Extracts X X X X ..... e Commissioner (Appeals) cannot be sustained. The Commissioner (Appeals) shall pass a fresh order as expeditiously as is possible and preferably within a period of four months from the date a copy of the order is produced. - SHRI DILIP GUPTA, PRESIDENT AND SHRI P.V. SUBBA RAO, MEMBER (TECHNICAL) Shri S.K. Rahman, Authorized Representative (DR) for the Department Shri Piyush Kumar, Ms. Reena Rawat, Shri Umang Shrivastava, Advocates for the respondent. ORDER These four appeals have been filed by the department to assail the order dated 06.05.2021 passed by the Commissioner (Appeals) in so far as it allows the appeal filed by M/s Shiv Ganesh Exim Pvt. Ltd. [the respondent] in respect of the four Bills of Entry, by which aluminium scrap was imported. 2. It transpires that four Bills of Entries were filed by the appellant in respect of import of Aluminium Scrap. The respondent self-assessed the duty, but the Assessing Officer prima facie did not accept the value and put a query to the respondent that the value of the aluminium scrap did not match the contemporary import data available on NIDB. The respondent was, therefore, asked to submit evidence in support of the accuracy of the pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hit vide IRN No. 2020050200029742. We further state that the price declared by us is correct of the goods purchased. We also inform you that in case of loading of value we do not want any personal hearing/show cause notice and request you to please issue assessment order. Also we request you for the waiver of late fee filling charges levied by EDI for the lockdown period due to COVID 19. 4. Whereas, the various grade of scraps are defined in the specifications circular issued by Institute of Scrap Recycling Industries (ISRI). These specifications are derived from many sectors of the metals, paper stock, plastics, glass and electronics industries and are construed to represent the quality or composition of the materials bought and sold in the industry. The standard specifications are intended to assist members in the buying and selling of materials and products. The specifications are internationally accepted and are used throughout the world to trade the various commodities, in respect of Aluminium scrap various grade are given in the ISRI such as Tread, Taint Tabor, Tense, Talk, Tablet and so many other and under CTH 76020010 import of only specific grade mentioned under that CTH ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... SD (in USD) After assessment per Kg. (in Rs.) 1 7572781 dated 02.5.2020 17015 28.32 1283.36 99.65 9. From the above it is evident that in the present case the value declared by the importer is very much low in comparison to the contemporaneous imports of Aluminium Scrap Taint Tabor at or near the time of import in comparable quantities, in comparison to the price of London metal exchange on the date of lading in the present case and also in comparison to value obtained from the procedure prescribed as above. Thus in the instant case the importer has mis-declared the value and therefore, the same cannot be considered true correct transaction value for valuation purpose in terms of Section 14 of the Customs Act, 1962. Therefore, the value declared by Importer is rejected in terms of Section 14 of the Customs Act, 1962 read with Rule 12 of the Customs Valuation Rule 2007. 10. Therefore, in the instant matter the lowest value of Aluminium Scrap Taint Tabor as per ISRI comes of contemporaneous imports made vide Bill of Entry No. 6823508 dated 10.2.2020 imported from port INSNI-6 at or near the time of import in comparable quantities. In this regard Rule 4 (3) of Customs Valuation Rules, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ictate of Section 14 of the Customs Act and Customs Valuation Rules as has been held by the Hon ble Supreme Court in the case of Century Recycling Pvt. Ltd. 7.12 Further, LME prices of metals also cannot be the basis for determination of value of scrap thereof not only for being contrary to the provisions of Valuation Rules but also contrary to the law propounded in various judgments. I find that the Tribunal in the case of Jindal Strips Ltd. versus Commissioner of Customs, New Delhi [ 2001 (133) E.L.T. 570 (Tri. Del.)] has held that London Metal Exchange Bulletin prices cannot be accepted as basis of Valuation in absence of corroborative evidence contemporaneous import. Further, in the matter of Rajeshwari Metallurgical Ltd. versus Commissioner (Appeals), Bangalore [ 2006 (205) E.L.T. 796 (Tri. Bang.)] 7.13 In view of the above, I observe that in the entire order, there is no finding much less any evidence that appellant had paid any amount over and above the invoice value and the invoice value was vitiated by the non-commercial considerations and there was any mis-declaration in the consignments/documents, to warrant rejection of transaction value. I therefore hold that the rejec ..... X X X X Extracts X X X X X X X X Extracts X X X X
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