2024 (11) TMI 747

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..... es of different goods. Whether the invoice value can be rejected and the duty can be charged as per NIDB data without any specific evidence that the invoice values do not reflect actual transaction value ? - It has been held that the NIDB data can be a guideline for the customs to arrive at the value of the goods but the NIDB data cannot be applied directly unless the value given therein falls within the parameters of identical goods or similar goods. Relying on the decisions in the cases of Topsia Estates Pvt Ltd [ 2015 (1) TMI 750 - CESTAT CHENNAI] , Nath International [ 2013 (12) TMI 1042 - CESTAT NEW DELHI] , Impex Steel Bearing Co. [ 2014 (2) TMI 627 - CESTAT NEW DELHI] and Eicher Tractors Ltd [ 2000 (11) TMI 139 - SUPREME COURT] it ha .....

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..... y in Para 8 of the Order-In-Original observed that under Rule 3(1) of valuation Rules, where the proper officer has reason to doubt the value, he may ask the importer to furnish evidence in its support, after which he can re-assess the value. In para 9, it is observed that wherever the transaction value is found significantly lower than contemporaneous imports, the same can be rejected. At the same time, in para 15, he observes that wherever the value is lower, he can enhance which is contrary to the provisions of Section 14(1) read with Rule 3(1) and Rule 12, as observed in para 9. 4. In the order, the Original Authority relied upon certain decisions on the powers of Department and the manner to enhance the value. 5. In Para 18, the Origin .....

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..... nal would show that the Original Authority did not comply with the directions of Appellate Authority, the enhancement of value by the Original Authority was illegal and so the findings of Appellate Authority in second round of appeal. 9. Heard both sides and perused the appeal records. 10. We find that the declared value of the shredded steel scrap varied from $325 to $360 per MT. These values were rejected by the Assessing officers to enhance the value from $4 per MT based on the data available with the NIDB. 11. NIDB is the data of the Customs Department which gives values of various commodities based on various transaction values of different goods. The question which falls for consideration is whether the invoice value can be rejected a .....

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