Home Case Index All Cases Customs Customs + AT Customs - 2023 (6) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (6) TMI 909 - CESTAT KOLKATAValuation of imported goods - EG Defective/Secondary Sheets - rejection of declared value - enhancement of value on the basis of higher values available on contemporaneous imports NIDB/DGOV data on similar goods - HELD THAT:- Valuation of the imported goods is done as per Section 14 of the Customs Act 1962, which states that the value of the imported goods shall be the transaction value of such goods, that is to say, the price actually paid or payable for the goods when sold for export to India for delivery at the time and place of importation, where the buyer and seller of the goods are not related and price is the sole consideration for the sale. In the instant case, it is observed that the Respondent has imported ‘EG Defective /Secondary Sheets’ from the sole representative of the manufacturer and the invoice was raised by them - it is observed that the Department has not brought in any evidence to reject the invoice value as declared by the importer. The department has resorted to rejection of the declared value and reassessment of the Bills of Entry on the basis of valuation of contemporary similar/identical goods at other ports as mentioned in NIDB/DGOV data. The ‘EG Defective Secondary Sheets’ imported by the Appellant cannot be compared with similar goods. The value available in NIDB/DGOV data on similar defective goods are not comparable. The valuation of similar goods depends on factors such as country of origin, quantity of the goods imported, produced by the same person who produced the goods being valued, quality of the goods i.e. characteristics, composition & like component material. Moreover, the NIDB data is not exhaustive in nature as it only depicts the value at which the goods are assessed but not whether such assessed value is proposed value by the importer or enhanced value buy the proper officer - the enhancement of value has been done arbitrarily. The department has not brought in any evidence to reject the value declared by the importer. Appeal filed by Revenue dismissed.
|