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2025 (5) TMI 1374 - AT - CustomsTransaction value - Polyester Knitted Fabric - Duty on the enhancement of value solely based on the DRI - denial of benefit of exemption of Notification No. 30/2004-CE - Entitlement to exemption from CVD - violation of Section 14 of the Customs Act 1962 read with Rule 3 of Custom Valuation Rules 2007 ( CVR 2007 ) - HELD THAT - Regarding enhancement of transaction value on the DRI alert is concerned we find that this issue has been considered by various benches of the Tribunal and it has been consistently held that the declared value cannot be enhanced simply on the basis of DRI alert which was sought to be done in the present cases. Further we also find that in the appellants own case reported as M/s Sedna Impex India Pvt Ltd Garg Impex - 2016 (10) TMI 517 - CESTAT CHANDIGARH the Tribunal has held that declared value cannot be enhanced on the basis of DRI alert. regarding benefit of exemption from payment of CVD in terms of Notification No. 30/2004-CE dated 09.07.2004 is concerned we find that this issue has also been considered by the Tribunal in number of cases as relied upon by the appellants cited supra. In this connection we may again refer to decision of the Tribunal in the case of M/s Artex Textile Private Limited 2017 (9) TMI 1011 - CESTAT CHANDIGARH . Subsequently the above ratio has been followed by the Tribunal in the case M/s Artex Textile Private Limited 2017 (9) TMI 1210 - CESTAT CHANDIGARH wherein the Tribunal has again considered this issue and held in favour of the importer- assessee. As regards the appellants entitlement to benefit of Notification No. 072/2005 dated 22.07.2005 we find that the appellants were allowed the benefit of said notification by the Commissioner (Appeals) vide Order-in-Appeal No. CC(A)/CUS/D-II/ICD PPG OTHER ICDs/1517-1519/2017 dated 28.12.2017 and similarly with regard the benefit of Notification No. 151-Cus dated 14.05.1982 we find that Commissioner (Appeals) allowed the benefit of said notification vide Order-in-Appeal No. CC(A)/CUS/D-II/ICD/325- 332/2016 dated 28.03.2016. Thus we are of the considered opinion that the impugned orders are not sustainable in law; accordingly we set aside the same and allow all the appeals of the appellants.
1. ISSUES PRESENTED and CONSIDERED
The core legal questions considered by the Tribunal in these appeals are: (i) Whether the transaction value declared by the appellants for imported Polyester Knitted Fabric can be enhanced solely on the basis of a Directorate of Revenue Intelligence (DRI) alert without rejecting the declared transaction value under the Customs Valuation Rules, 2007? (ii) Whether the appellants are entitled to the benefit of exemption from payment of Countervailing Duty (CVD) under Notification No. 30/2004-CE dated 09.07.2004, despite the denial of such benefit by the adjudicating authorities? (iii) Whether the appellants are entitled to the benefits under Notification No. 072/2005 dated 22.07.2005 (as amended by Notification No. 89/2006-Cus dated 01.09.2006) allowing a lower rate of customs duty under Entry No. A193 of Part A, and Notification No. 151-Cus dated 14.05.1982 allowing discount of Inland Haulage Charges? 2. ISSUE-WISE DETAILED ANALYSIS Issue (i): Enhancement of transaction value on the basis of DRI alert Relevant legal framework and precedents: The valuation of imported goods for customs duty assessment is governed primarily by Section 14 of the Customs Act, 1962, read with Rule 3 of the Customs Valuation Rules (CVR), 2007. Section 14(1) mandates that the transaction value, i.e., the price actually paid or payable for the goods when sold for export to India, shall be the basis for assessment, provided the buyer and seller are unrelated and the price is the sole consideration. Rule 3(2) of CVR, 2007 provides exceptions under which the declared transaction value may be rejected or adjusted. The Hon'ble Supreme Court and various Tribunal decisions have consistently held that unless the transaction value is proven to be incorrect due to factors such as fabrication of invoices, related party transactions, or other exceptions under Rule 3(2), the declared value must be accepted. Key precedents relied upon include:
Court's interpretation and reasoning: The Tribunal noted that the Assessing Authority enhanced the transaction value solely on the basis of a DRI alert dated 09.05.2011, which suggested a higher price range for Polyester Knitted Fabric imports from China. However, the Tribunal emphasized that a DRI alert alone cannot be a ground for rejecting the declared transaction value under the Customs Valuation Rules. The Tribunal reiterated the settled legal position that the transaction value declared by the importer must be accepted unless one of the exceptions under Rule 3(2) applies, which was not demonstrated in these cases. The Tribunal referred to its own earlier decisions, including the appellants' own prior cases, where it was held that reliance on DRI alert or National Import Database (NIDB) data is insufficient to reject declared value. The Tribunal reproduced the relevant observations from these decisions, underscoring that the DRI is not concerned with the valuation methodology prescribed by the Customs Valuation Rules. Key evidence and findings: The appellants had submitted commercial invoices and other relevant documents supporting the declared transaction value. No evidence was produced by the department to show that the transactions were related-party transactions, or that invoices were fabricated or fake. The Assessing Authority's enhancement was based purely on the DRI alert without application of the statutory valuation framework. Application of law to facts: Since none of the exceptions under Rule 3(2) were applicable and there was no evidence to disprove the declared transaction value, the Tribunal held that the enhancement was unsustainable. Treatment of competing arguments: The department's argument rested on the DRI alert as a basis for value enhancement. The Tribunal rejected this, holding that the alert does not override the statutory valuation rules. The appellants' reliance on binding Supreme Court and Tribunal precedents was accepted. Conclusion: The Tribunal set aside the impugned orders enhancing the transaction value on the basis of the DRI alert and held that the declared transaction value must be accepted for customs duty assessment. Issue (ii): Entitlement to exemption from payment of CVD under Notification No. 30/2004-CE dated 09.07.2004 Relevant legal framework and precedents: Notification No. 30/2004-CE exempts certain goods, including 100% Polyester Knitted Fabric, from the payment of Central Excise Duty and consequently CVD, subject to the condition that no CENVAT credit has been availed on inputs used in manufacture. The Supreme Court in SRF Ltd vs. Commissioner (2015) has held that imported goods manufactured outside India cannot have availed CENVAT credit, thus fulfilling the condition for exemption. Additional relevant precedents include:
Court's interpretation and reasoning: The Tribunal noted that the Commissioner (Appeals) had denied the exemption on the ground that the appellants had not contested the denial before the adjudicating authority; however, the Tribunal held that such procedural objections do not bar the claim of exemption at the appellate stage. The Tribunal relied on the Supreme Court's decision in Share Medical Care vs. UOI (2007), which held that an assessee cannot be estopped from claiming exemption benefits at a later stage even if not claimed initially. The Tribunal further observed that since the goods were imported and manufactured outside India, the condition regarding non-availment of CENVAT credit is inherently satisfied, entitling the appellants to exemption from CVD. Key evidence and findings: The appellants demonstrated that the goods imported were 100% Polyester Knitted Fabric and no CENVAT credit had been availed on inputs used in manufacture as the goods were imported. The Tribunal referred to prior decisions in the appellants' own cases and other similar cases where exemption was granted. Application of law to facts: The Tribunal applied the legal principle that the exemption notification applies to imported goods meeting the specified conditions, and procedural lapses in claiming exemption initially do not preclude entitlement. Treatment of competing arguments: The department's objection based on non-contestation before the adjudicating authority was rejected as unsustainable in law. The appellants' submissions supported by binding precedents were accepted. Conclusion: The Tribunal held that the appellants are entitled to exemption from payment of CVD under Notification No. 30/2004-CE dated 09.07.2004 and set aside the denial of such benefit. Issue (iii): Entitlement to benefits under Notification No. 072/2005 and Notification No. 151-Cus dated 14.05.1982 Relevant legal framework and precedents: Notification No. 072/2005 (as amended) allows a lower rate of customs duty under specified conditions for goods imported from certain nations. Notification No. 151-Cus dated 14.05.1982 permits discounting of Inland Haulage Charges in the assessable value calculation. Court's interpretation and reasoning: The Tribunal found that the appellants had been granted these benefits in earlier orders by the Commissioner (Appeals) and there was no valid reason to deny the same in the present appeals. The Tribunal referred to prior appellate orders confirming entitlement to these notifications. Key evidence and findings: The appellants produced evidence of eligibility and prior acceptance of benefits under these notifications in their own and related cases. Application of law to facts: Since the appellants met the conditions prescribed under these notifications and had been previously granted benefits, the Tribunal upheld their entitlement. Treatment of competing arguments: The department did not provide substantial contrary evidence to deny these benefits. The Tribunal accepted the appellants' submissions and prior orders. Conclusion: The Tribunal confirmed the appellants' entitlement to benefits under Notification No. 072/2005 and Notification No. 151-Cus dated 14.05.1982. 3. SIGNIFICANT HOLDINGS The Tribunal's crucial legal reasoning is encapsulated in the following verbatim observations: "In view of the earlier decision of this Tribunal in appellant's own case the value of imported goods cannot be enhanced on the basis of DRI alert. Therefore, we set aside the impugned orders on this ground also." "The Hon'ble Supreme Court of India in a recent decision in the case of SRF Ltd. vs. CC, Chennai has considered identically worded Notification No. 6/2002-CE dated 01/03/2002 which has the identical clause of the manufacturer having not availed the cenvat credit. Its stand held by the Hon'ble Supreme Court that CESTAT denied the exemption from CVD only on the ground that condition of non-availment of cenvat credit was not fulfilled in as much as cenvat credit was not admissible to the Importer and the question of fulfilling of the said condition does not arise. ... Accordingly, we set aside the impugned orders and allow all the appeals with consequential relief to the appellant." "Even if the claim of benefit under a particular notification is not made at the initial stage, the assessee cannot be estopped from claiming such benefit at a later stage." Core principles established include:
Final determinations on each issue are: (i) The enhancement of transaction value based solely on DRI alert is not sustainable; declared transaction value must be accepted. (ii) The appellants are entitled to exemption from payment of CVD under Notification No. 30/2004-CE dated 09.07.2004. (iii) The appellants are entitled to benefits under Notification No. 072/2005 and Notification No. 151-Cus dated 14.05.1982 as previously granted.
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