2004 (12) TMI 423 - AT - Customs

Appellate Tribunal corrects Customs valuation, emphasizes contract terms for imported goods

VARDHMAN SPECIAL STEELS Versus COMMISSIONER OF CUSTOMS, MUMBAI

VARDHMAN SPECIAL STEELS Versus COMMISSIONER OF CUSTOMS, MUMBAI - 2005 (180) E.L.T. 390 (Tri. - Del.) Issues: Valuation of imported goods based on transaction valueIn this case, the issue revolved around the valuation of Nickel Cathodes imported by the appellant from Canada. The purchase order and subsequent sale price differed, leading to a dispute regarding the assessment of the goods. The Customs authorities rejected the transaction value claimed by the appellant and raised the assessed price based on the London Metal Exchange (LME) price on the date of the contract. The appellant challenged this decision, leading to an appeal against the order.Analysis:The Appellate Tribunal, after considering the records and arguments from both sides, found that the dispute centered on the method of valuation, specifically the adoption of the LME price. Both parties agreed to use the LME price, but differed on the relevant date for determining the price - the date of the contract or the date after the LC was opened. The Tribunal noted that the Customs authorities deviated from the agreed terms between the parties by using the LME price from the date of the contract. This deviation was deemed unjustified since the agreed terms specified using the LME price at the time of LC opening. As the terms of sale were legally binding and the agreed transaction value was USD 4945 PMT, the Tribunal concluded that the correct assessable value for the goods should be based on the invoice price of USD 4595 PMT. Any demand exceeding this amount was deemed unsustainable. Therefore, the Tribunal set aside the Customs order and allowed the appeal in favor of the appellant, granting consequential relief if applicable.This judgment highlights the importance of adhering to the terms agreed upon in a contract for the valuation of imported goods. It emphasizes that Customs authorities should respect the terms established by the parties involved unless there are valid legal grounds to deviate from them. The decision underscores the significance of transaction value in determining the assessable value of imported goods and reinforces the principle that assessments should align with the terms agreed upon by the parties to ensure fairness and compliance with the law.