2003 (6) TMI 263 - AT - Customs

Tribunal upholds transaction value for imported goods, setting aside Commissioner's decision.

The Tribunal held that the assessable value of stainless seamless tubes and pipes imported by a company should be based on the transaction value declared ... Re-adjudication - Valuation Issues:Determining the assessable value of stainless seamless tubes and pipes imported by a company.Analysis:The case involved the determination of the assessable value of stainless seamless tubes and pipes imported by a company. The company imported a consignment of second/defective stainless seamless tubes/pipes from Taiwan, which was declared at a specific value. The Customs Department examined the goods and categorized them as prime quality, seconds, and scrap. The Commissioner concluded that the consignment consisted of both unused factory fresh material as well as seconds and scrap. However, the Commissioner decided to treat the entire consignment as seconds and scrap, disregarding the specific categorization done by the Nuclear Fuel Complex. The Appellate Tribunal remanded the matter for a fresh decision solely on the valuation of the imported goods. The company argued that the goods should be assessed based on the transaction value declared in the invoice received from the supplier. They relied on the principle established by the Supreme Court in Eicher Tractor Ltd. v. Commissioner of Customs, Mumbai, emphasizing that unless specific exceptions apply, the Customs Authorities must assess duty based on the transaction value. The company contended that none of the exceptions mentioned in Rule 4(2) of the Customs Valuation Rules were applicable in their case, and thus, the transaction value should be accepted.The Senior Departmental Representative reiterated the findings of the impugned order, while the Tribunal considered the submissions of both parties. The Tribunal noted that the Commissioner's initial finding, accepted by the company, treated the entire consignment as seconds and scrap. The Tribunal emphasized that the Commissioner, in the present proceedings, could not further categorize the goods into seconds and scrap as the matter was remanded only for determining the assessable value. Referring to the Customs Valuation Rules, the Tribunal highlighted that the transaction value of imported goods should be the price actually paid or payable for the goods when sold for export to India. The Tribunal agreed with the company's argument that none of the exceptions in Rule 4(2) applied in this case, citing the Supreme Court's decision in Eicher Tractor. As no exceptions were found to be relevant, the Tribunal concluded that the transaction value declared in the invoice for seconds/defective goods should be accepted. Consequently, the impugned order was set aside, and both appeals were allowed.