2007 (3) TMI 92 - AT - Customs

Tribunal confirms Delhi lab results unreliable for imported goods; emphasizes accurate testing and evidence

The Tribunal upheld the Commissioner's decision that the test results from the Delhi laboratory were unreliable, confirming that the imported goods were ... Classification – Revenue contended that appellant good (Ferro Chrome) fall under SH 7202.49 as per the result of the laboratory test of the good but as per appellant it is not correct – Revenue contention is rejected by the Commissioner Issues: Appeal against Commissioner (Appeals) order on classification and valuation of imported 'High Carbon Ferro Chrome'.Classification Issue Analysis:The appellant claimed classification under sub-heading 7202.41, but Customs Laboratory in Delhi found carbon content to be less than 4%, leading to a change in classification to 7202.49. The appellant requested a retest in Customs Laboratory at Calcutta, but the samples were damaged. The Commissioner accepted the appellant's contention that the test results from Delhi were unreliable, citing a similar error in another case. It was argued that the consignments were used for the production of High Carbon items as declared. The Tribunal upheld the Commissioner's decision, stating that the Commissioner was justified in relying on evidence that the consignments were used for manufacturing High Carbon steel items.Valuation Issue Analysis:The Revenue authorities assessed the value of Ferro Chromium less than 4% carbon at US $0.62 per kg, higher than the import price of US $0.34. The appellant's argument regarding the unreliability of the test results from Delhi was crucial in challenging this valuation. The Commissioner set aside the change in valuation based on the appellant's evidence that the consignments were used for the intended purpose of producing High Carbon items. The Tribunal found no merit in the Revenue's appeal, affirming the Commissioner's decision to reject the higher valuation.In conclusion, the Tribunal dismissed the appeal, upholding the Commissioner's order that the test results from the Delhi laboratory were unreliable and that the consignments were indeed used for manufacturing High Carbon steel items. The classification and valuation changes made by the Revenue authorities were set aside, emphasizing the importance of accurate testing and proper evidence in determining the classification and valuation of imported goods.