2023 (8) TMI 946 - CESTAT BANGALORE

Valuation of imported goods - import of industrial robot for the purpose of international exhibition of machine tools - rejection of negotiated value on the ground that the appellant had not furnished any justifiable reason for reduction of the value from the value declared in the ATA Carnet for arriving at the negotiated transaction value as claimed by them - HELD THAT:- The goods imported are under ATA Carnet are allowed duty-free in terms of Notification No. 157/1990-Cus. dated 28.3.1990. As seen from the ATA Carnet documents, it is clearly shown that the goods are meant for exhibition at IMTEX 2009 India and the value shown therein is EUR 55900 was meant for the purpose of bringing the goods into India for the exhibition and these goods as per the ATA Carnet Regulations are to be exported within six months. During the relevant time, the sale of such goods was permitted on payment of Customs duty with prior approval from Government of India.

The question here arises is whether the price adopted by the Customs which is commercial value as per the ATA Carnet form meant for exhibition can be taken as the transaction value. As per Section 14 of the Customs Act, 1962, the price actually paid or payable for the goods when sold for delivery at the time and place of importation is to be considered.

Hence, if any value has to be rejected, the Proper Officer has to produce necessary documents or evidence to reject the value. In the instant case, the Invoice dated 23.06.2009 issued by M/s. Saielo to M/s. Ace Designers Ltd is on record to show that the item has been purchased for EUR 30000. There is also a purchase order No. 4500000176 dated 12.06.2009 on record, which also shows the value as EUR 30000.

In the case of CCE vs. Galaxy Entertainment (I) Pvt Ltd: [2007 (5) TMI 53 - SUPREME COURT], the Hon’ble Supreme Court held that when there was a negotiated price and this negotiated price had to be accepted as the value of the imported item, if the customs do not find any cogent reasons for rejecting the same.

The impugned order is set aside and the appeal is allowed.