2003 (3) TMI 559 - AT - Customs

Customs Appeal: Transaction value upheld, penalties overturned due to lack of intent. Concrete evidence essential.

COMMISSIONER OF CUSTOMS, CHENNAI Versus SHAKTHI TRADING CO.

The Commissioner (Appeals) set aside the Assistant Commissioner's decision to enhance the assessable value of imported goods, impose penalties, and ... Valuation - Undervaluation - Confiscation and penalty Issues:1. Valuation of imported goods based on revised invoice.2. Imposition of penalty and confiscation of goods.3. Evidence required for establishing under-valuation of goods.Issue 1: Valuation of imported goods based on revised invoiceThe case involved the import of electronic components where discrepancies were found between the declared items and the actual goods imported. The appellants initially declared a lower value based on the invoice from the foreign supplier, but upon inspection, it was discovered that populated PCBs were imported instead of the declared multi-layer PCBs. A revised invoice was later provided by the supplier, stating that the wrong items were shipped due to oversight. However, the prices in the revised invoice were deemed too low to be accepted as the transaction value. The Assistant Commissioner had enhanced the assessable value of the goods and imposed penalties and confiscation. On appeal, the Commissioner (Appeals) set aside the order, considering the appellant's genuine belief in the contents of the consignment. The Commissioner relied on the supplier's fax message acknowledging the mistake and the absence of collusion between the importer and the supplier. The Commissioner accepted the transaction value based on the revised invoice and directed the release of goods without penalty or confiscation.Issue 2: Imposition of penalty and confiscation of goodsThe Assistant Commissioner had imposed a redemption fine and a personal penalty on the appellants for the discrepancies in the imported goods. However, the Commissioner (Appeals) overturned this decision by emphasizing the lack of mens rea or deliberate intent on the part of the appellants to under-declare the goods. The Commissioner highlighted that the appellant had a history of importing similar items without issues and that the mistake was a genuine error. The Commissioner cited previous tribunal decisions to support the finding that penalty and confiscation were not justified in the absence of dishonesty or deliberate breach of the law. Consequently, the order for penalty and confiscation was set aside, and the goods were to be released based on the accepted transaction value.Issue 3: Evidence required for establishing under-valuation of goodsThe Revenue, in its appeal, referenced market enquiries and expert opinions to argue under-valuation of the goods. However, the Tribunal noted the absence of contemporaneous imports of identical goods and the lack of concrete evidence to dispute the transaction value declared by the appellants. The Tribunal rejected the Revenue's appeal, stating that local retail prices and expert opinions alone were insufficient to establish under-valuation. Without evidence to prove incorrect transaction value, the Tribunal upheld the Commissioner (Appeals) decision, emphasizing the importance of substantiated claims in cases of alleged under-valuation.This judgment highlights the significance of genuine mistakes in import declarations, the requirement of mens rea for penalties, and the necessity of concrete evidence to establish under-valuation in customs cases. The decision underscores the importance of fair assessment based on accepted transaction values and the need for substantial proof before imposing penalties or confiscation of goods.