2003 (12) TMI 350 - AT - Customs

Appellate Tribunal overturns rejection of importer's declared value for polypropylene goods

The Appellate Tribunal CESTAT, New Delhi allowed the appeal against the rejection of the transaction value declared by the importer for goods ... Valuation - Transaction value - Rejection of Issues:1. Justification of rejecting the transaction value declared by the importer.Detailed Analysis:The appeal before the Appellate Tribunal CESTAT, New Delhi involved a challenge against the order passed by the Commissioner (Appeals) regarding the rejection of the transaction value declared by the importer. The goods imported were examined and found to be a mixture of granules predominantly composed of polypropylene and polyethylene. The Customs Authorities rejected the declared value of US$ 225 per M.T. C & F, instead relying on the value of prime quality goods reported in Platt's Weekly Bulletin, fixing the assessable value at US$ 423 per M.T. The appellant argued that the transaction value should not have been rejected, emphasizing that the Platt's price report is not based on actual transactions but a compilation of price ranges, as established in a previous case involving Adani Exports Ltd. The Tribunal had previously rejected the use of Platt's report as a basis for transaction value determination, a decision affirmed by the Supreme Court.The Tribunal acknowledged the appellant's argument that the value of prime quality goods reported in Platt's Weekly Bulletin should not serve as the basis for assessing the value of the imported floor sweeping goods. It was noted that the imported goods were not prime quality goods disguised as floor sweeping. The Tribunal emphasized that the Platt's report is not a reliable source for rejecting the declared transaction value, as established in previous decisions. Therefore, the Tribunal set aside the impugned order and allowed the appeal, granting the appellant consequential relief. The decision reaffirmed that the transaction value cannot be compared to the price of prime quality goods and that Platt's Weekly Bulletin is not a suitable basis for determining the value of the imported goods.