2005 (2) TMI 571 - AT - Customs

Tribunal upholds valuation for industrial rebate, dismissing Revenue's appeal. Declared value reflects actual price paid.

COMMISSIONER OF CUSTOMS, MADRAS Versus MOTOR INDUSTRIES CO. LTD.

The Tribunal dismissed the Revenue's appeal against the valuation for industrial rebate, upholding the decision in favor of the respondents. The Tribunal ... Valuation Issues: Revenue appeal against valuation for industrial rebate.Analysis:1. Valuation Discrepancy: The Revenue appealed against an order allowing 'industrial rebate' for valuation purposes, arguing that the invoice showed a lower price than the purchase order due to factors like industrial quantity rebate and foreign exchange rate changes. The respondents countered, stating that the suppliers themselves reduced the price post-purchase order placement, as evidenced by supplier letters. The suppliers clarified that the reduction in price in the form of 'industrial rebate' was extended to all customers, not just the respondents. They emphasized that the rebate was passed on from the manufacturer to customers via the trader.2. Judgment Review: Upon reviewing the arguments and case records, the Tribunal noted that the invoice indeed reflected a lower price, supported by supplier clarification before the import date and invoice issuance. The Tribunal accepted that the declared value, though lower than the purchase order value, represented the actual price paid by the respondents. Notably, the suppliers confirmed that the reduction was applicable to all customers, not exclusively to the respondents. Based on these findings, the Tribunal concluded that the declared value was acceptable, and there was no basis to challenge the impugned order. Consequently, the Revenue appeal was dismissed, upholding the decision in favor of the respondents.