2006 (2) TMI 462 - AT - Customs

Tribunal reverses Commissioner's valuation decision on DEPB credit claim, citing lack of evidence and improper application of Customs Act.

The Tribunal set aside the Commissioner's valuation of goods at Rs. 50/- per piece for DEPB credit claim under Shipping Bills, along with the imposed ... Export - DEPB Scheme - Valuation Issues:1. Valuation of goods for DEPB credit claim under Shipping Bills.2. Applicability of Section 113 of the Customs Act, 1962.3. Competency of SITRA in determining market value of goods.4. Justifiability of Commissioner's valuation decision.Issue 1 - Valuation of goods for DEPB credit claim under Shipping Bills:The appeal concerned the valuation of goods under two Shipping Bills filed for DEPB credit claim. The Commissioner had re-valued the goods at Rs. 50/- per piece, imposing a penalty of Rs. 2,60,000/- on the appellants. The appellants contested this valuation, arguing that the opinion rendered by SITRA was based on assumptions and presumptions, and SITRA was not the competent authority to fix the FOB value. The Commissioner rejected this defense, leading to the appeal challenging the re-valuation and penalty.Issue 2 - Applicability of Section 113 of the Customs Act, 1962:The Counsel cited precedents to argue that Section 113 of the Customs Act was not applicable in the case as the export of goods was not prohibited. Referring to judgments from the Mumbai Bench and the Apex Court, the Counsel contended that the invocation of Section 113 was unjustifiable. The Counsel highlighted previous rulings where appeals were dismissed due to lack of evidence regarding domestic prices of export goods and overvaluation, emphasizing that the declared FOB value should be accepted for drawback purposes.Issue 3 - Competency of SITRA in determining market value of goods:The SITRA's role in determining the market value of goods was questioned, with the Counsel arguing that SITRA's purpose was for testing goods, not fixing market values. Citing various judgments, the Counsel emphasized that SITRA's valuation was not conclusive, and the department failed to prove overvaluation without expert opinions on the value of goods or their use.Issue 4 - Justifiability of Commissioner's valuation decision:Upon careful consideration, the Tribunal found that SITRA was not competent to determine the market value of goods, as their report lacked details on market enquiries and comparisons. The Commissioner's decision to fix the value at Rs. 50/- per piece was deemed unjustified, especially since the explanation for this valuation was not communicated to the appellants through a Show Cause Notice. Relying on precedents, the Tribunal set aside the Commissioner's valuation and allowed the appeal with consequential relief.This comprehensive analysis of the judgment highlights the key issues surrounding the valuation of goods for DEPB credit claim, the applicability of relevant legal provisions, the competency of SITRA in determining market value, and the justifiability of the Commissioner's valuation decision based on legal precedents and arguments presented by both parties.