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2019 (11) TMI 500 - AT - CustomsValuation of imported goods - hot rolled steel plates (non-alloy) - enhancement of value - similar goods or not - HELD THAT:- Though there is no provision under section 128 of Customs Act, 1962 for hearing both sides before passing of an order by the Commissioner of Customs (Appeals) and it was necessary to issue a show cause notice proposing the grounds of enhancement, unless waived by the importer, the Tribunal was magnanimous enough to allow the pleas of Revenue to be argued before the first appellate authority on their appeal. It was expected that the first appellate authority would render its decision after hearing, and considering, the submissions of both sides. We are unable to satisfy ourselves that the imports by M/s Mazgaon Dock Ltd could be designated as ‘similar’ merely because of being contemporaneous. From the records of the original authority, we perceive a trend of fall in price during the said period. It would also appear that no efforts have been made by the assessing officer to ascertain the manner in which the alleged undervaluation would have been compensated to such extent as to warrant adoption of a value that was almost double that of the declared value - Such excess undervaluation, as alleged, should have been subject to serious investigation and appropriate penalties imposed if found to be so. In the absence of such, it can only be deduced that the exercise of enhancement of value so undertaken was without sufficient evidence on hand. Appeal allowed - decided in favor of appellant.
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