2007 (3) TMI 513 - AT - Customs

Tribunal upholds order, dismisses appeals for lack of evidence. Commissioner accepts declared value.

The Tribunal affirmed the impugned order, dismissing the appeals due to the lack of substantiated evidence regarding abnormal discounts and the correct ... Valuation - Transaction value - Enhancement of Issues:1. Stay of operation of the impugned order passed by the Commissioner (Appeals) accepting the declared value of the goods.2. Enhancement of assessable value of imported goods under Rule 6 of the Customs Valuation Rules based on contemporaneous imports.3. Rejection of the ground raised by the appellant regarding abnormal discount offered to importers affecting the transaction value.4. Examination of documentary evidence for enhancement of assessable value and invocation of Rule 6 of the Customs Valuation Rules.Analysis:1. The Tribunal considered applications filed by the Department for a stay of the impugned order but decided to proceed with the final disposal of the appeals after hearing both sides. The appeals were taken up after dismissing the stay applications, indicating that the matter required immediate resolution.2. The original authority had increased the assessable value of the imported goods based on Rule 6 of the Customs Valuation Rules, considering the goods as a 'stock lot.' The appellate authority agreed that the goods were a stock lot but differed in its assessment of the contemporaneous imports. The Commissioner (Appeals) set aside the enhancement of value and accepted the declared value, emphasizing the distinction between the goods under valuation and the contemporaneous imports.3. The appellant's sole ground was the abnormal discount offered to importers, challenging the transaction value. The appellant argued that the assessable value was correctly enhanced under Rule 6 due to abnormal discounts. However, the Tribunal noted that the appellant failed to provide evidence supporting the claim of abnormal discounts, leading to the dismissal of the appeals.4. The learned SDR emphasized the need to examine all documentary evidence cited by the Revenue for enhancing the assessable value, alleging that the appellate authority did not adequately review the materials. In contrast, the counsel for the respondent contended that the Commissioner (Appeals) thoroughly considered the evidence before concluding that Rule 6 was incorrectly applied. The Tribunal found that the appellant's argument exceeded the scope of the appeal ground, which focused on abnormal discounts and the invocation of Rule 6 without substantiating the claim with evidentiary material.In conclusion, the Tribunal affirmed the impugned order, dismissing the appeals due to the lack of substantiated evidence regarding abnormal discounts and the correct application of Rule 6 of the Customs Valuation Rules.