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2024 (5) TMI 428 - CESTAT KOLKATAValuation of imported goods (Float Glass Sheets) - Transaction value - Compliance with directions of the Tribunal in Remand Proceedings - Penalty - revision for assessment purpose - Whether the evidence relied upon by the department for upward revision in the declared import price can be accepted as contemporaneous and is in accordance with Rule 5 of the CVR - Prescriptions of the principles of natural justice - HELD THAT:- We note that the appellant has imported more than double the quantity of float glass sheets vide three Bills of Entry against the one offered for comparison with the case at Sl.No.3 ; whereas as regards the other case offered for purpose of comparison, the imported quantity is much less than even 25%. Therefore, it cannot be said that the appellant’s imports of float glass sheets were at comparative commercial levels with that of the two impugned Bills of Entry. We also find no exercise of conversion of prices from dollars to rupees, in the order, which is so necessitated for rendering a meaningful comparison as the two tables Sl.No. (ii) & (iii) above indicate the rate/sqm in rupees, while that of for the importer, the appellant importer mentions the same in US$. Elsewhere in the adjudication order in Para 3.9 the price for 2 mm, 3mm of clear float glass for imports by Jain International in March, 2007, upon finalization is indicated as 1.15 US$ / sqm. & 1.72 US$ per sqm. However, with no quantity indicated, mere mention of the unit price is inconsequential. Therefore, that statistics too is rendered meaningless and offer no valued comparison. Further, it is too well known that the price of float glass sheets would vary as per its dimension and quality (i.e. the level of impurities present). We find no discussion on these aspects in the adjudication order, though the imports indeed as stated earlier have been made directly from a manufacturer-exporter. We also note that the importer has also doubted the department’s ascertainment of the price of float glass sheet adopted @ Rs.29 per mm, per sqm, as there is no such float glass in trade of 1 mm thickness and there is no counter thereto from the side of the department. Hence, we are not convinced with the adoption of the revised transaction value based on comparisons as offered, and note that the Department’s case cannot be sustained on the basis of evidences as relied upon for the aforesaid reasons and discussions. Thus, we set aside the impugned order of the lower authority under challenge and allow the appeal with consequential relief, if any, as per law.
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