2005 (3) TMI 597 - AT - Customs

Tribunal overturns enhanced import goods value, citing flawed valuation method. Reduced fines aim to balance penalty severity.

SURYA INTERNATIONAL Versus COMMISSIONER OF CUSTOMS, COCHIN

SURYA INTERNATIONAL Versus COMMISSIONER OF CUSTOMS, COCHIN - 2005 (187) E.L.T. 272 (Tri. - Del.) Issues:1. Challenge against the enhancement of value of imported goods.2. Comparison of parts of photocopier with the complete photocopier machine for valuation.3. Lack of evidence for enhancing value based on contemporaneous imports.4. Confiscation of goods and reduction of redemption fine and penalty.Analysis:1. The appellant contested the enhancement of the value of the imported goods by the Revenue. The dispute arose when the appellant imported second-hand main frame assemblies and parts of photocopier, declaring the value as per the invoices. The Revenue rejected the declared value, increased it, and ordered confiscation citing violation of the EXIM Policy. The appellant, however, challenged only the enhanced value, not the confiscation itself.2. The main contention was regarding the valuation methodology employed by the Customs authorities. The appellant argued that as the goods were second-hand parts of a photocopier, the approach of comparing their value with that of a complete photocopier was not valid. The Tribunal agreed, noting that parts cannot be equated to a whole machine. In another instance, where the value was increased based on the Appraising Group's opinion, the Tribunal found no evidence of similar goods being imported at a higher value, rendering the valuation unsustainable.3. The Revenue defended the enhanced valuation, stating that it was based on examinations by a Chartered Engineer and the Appraising Group. However, the Tribunal found discrepancies in the valuation process, especially when the value was increased by referencing imports of complete photocopiers or without supporting evidence of contemporaneous higher value imports of similar goods. Consequently, the Tribunal ruled in favor of the appellant and set aside the orders where the value was enhanced.4. Finally, addressing the confiscation of goods, the Tribunal reduced the redemption fines and penalties imposed. In Appeal No. C/218/04-NB(A), the redemption fine was reduced to Rs. 78,000 and penalty to Rs. 40,000. Similarly, in Appeal No. C/453/04-NB(A), the redemption fine was reduced to Rs. 50,000 and penalty to Rs. 30,000, and in Appeal No. 454/04-NB(A), the redemption fine was reduced to Rs. 38,000 and penalty to Rs. 20,000. The Tribunal's decision aimed to rectify the excessive penalties while maintaining the confiscation of goods.