2008 (10) TMI 523 - AT - Customs

Summary

Issues involved: Determination of transaction values for imported goods u/s customs regulations.

In the judgment by the Appellate Tribunal CESTAT, Mumbai, the appellants had imported 'Rough Blank' goods with disputed transaction values. The authorities had rejected the declared values of US $ 0.3 per dozen pair for certain items and loaded the values to US $ 1 per dozen pair for one item and US $ 0.50 per dozen for another item.

Regarding the second item, the evidence relied upon by the authorities consisted of bills of entry filed several months prior to the appellant's import. The imports were on a different commercial level compared to the NIDB data used for loading. The appellants had imported significantly larger quantities than those shown in the NIDB data, indicating a lack of comparability at the same commercial level. The Tribunal emphasized the principle that contemporaneous imports must be at the same commercial level to be relied upon. Consequently, the Tribunal set aside the loading and accepted the declared value for the second item, ultimately allowing the appeal.

The Tribunal's decision highlights the importance of considering the commercial level of contemporaneous imports when determining transaction values for imported goods under customs regulations.