9911796707
TMI Blog2025 (2) TMI 381X X X X Extracts X X X X X X X X Extracts X X X X ..... e appellant's appeal. 2. The appellant had filed Bill of Entry No.2460284 dated 22.01.2021 to clear "Copper Scrap Birch/Cliff" imported by it from United Arab Emirates. The appellant self-assessed duty as per the value declared by it. As per Section 17(1) of their Customs Act 1962, the Act the importer has to self- assess the duty and as per Section 17 (4) of the Act the proper officer can re-assess the duty on the imported goods where the self-assessment is not found to be correct. The proper officer raised a query in the Indian Customs Electronic data of Interchange System ICES requesting the appellant to provide material or evidence to justify the value declared by it in theBill of Entry. 3. The importer did not provide any evidence to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Valuation Rule 4 could not be applied in the case and determined the value under Valuation Rule 5. In the impugned order,the Commissioner (Appeals) recorded that the price declared by the appellant was Rs. 414.54per/kgwhich was significantly lower than the value of similar goods which was between Rs. 465 to Rs. 507 per kg in the 15 Bills of Entry listed in the Order-in-Original. Therefore, he found no reason to interfere with the Order-in-Original and rejected the appeal filed by the appellant. 6. In this appeal, the impugned order is assailed on the following grounds:- 1) The appellant had correctly declared the transaction value based on which the assessment value should have been finalized. 2) The Bill of Entry was filed declaring ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the case. 9. The appellant's contention is that the transaction value in the invoice should have been accepted and assessment should have been finalized accordingly. We find that transaction value is not the only basis for assessment of the duty. The Valuation Rules as well as Section 14 of the Act provide for rejection of transaction value. When rejecting the transactionvalue, the customs officer does not modify the transaction value but only rejects it as the assessable value for determination of the duty. 10. There are various grounds on which the transaction valuecan be rejected under Valuation Rule 12.This rule reads as follows:- "12. Rejection of declared value. - (1) When the proper officer has reason to doubt the truth or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fficer shall have the powers to raise doubts on the truth or accuracy of the declared value based on certain reasons which may include - (a) the significantly higher value at which identical or similar goods imported at or about the same time in comparable quantities in a comparable commercial transaction were assessed; (b) the sale involves an abnormal discount or abnormal reduction from the ordinary 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 valu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rted copper scrap is birch/cliff. Copper scrap is globally traded and it was also imported by the appellant as per ISRI classification. Therefore, copper scrap birch/ cliff as is known in the market is similar to other imported birch/cliff. The Deputy Commissioner has correctly considered only the value of birch/cliff imported during the relevant period. He was therefore, correct in holding that such imports were imports of similar goods and in re-determining the value assessing the duty accordingly. 15. We also find that and contention of the appellant is that there were no evidence that the buyer and seller were related. It is also the contention that there was no evidence that the transaction value was fake or fabricated. We find that a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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