2017 (8) TMI 874 - AT - Customs

Tribunal overturns duty demand due to lack of evidence, appellant's evidence of different brand import

Kadamba Infrac Pvt. Ltd. Versus Commr. of Cus. (Imports), New Delhi

The Tribunal set aside the duty demand made by the department, ruling that it was unjustified as it was based on presumption without concrete evidence. ... Valuation - import of Thermal Printing Media Roll with brand name “SONY” - the department opined that in the past also the appellant might have imported the same goods with undervaluation - Held that: - it appears that duty was demanded only on presumption and without having imported items in hand. So, without any concrete material to establish pertaining the imported goods, the Revenue is not justified in raising value and demand the differential duty - appeal allowed - decided in favor of appellant. Issues:1. Valuation of imported goods2. Allegations of undervaluation in previous consignments3. Presumption of import based on past transactions4. Justification of duty demand without concrete evidenceValuation of imported goods:The appellant imported Thermal Printing Media Roll with the brand name 'SONY' and declared a value of USD 1.00 per roll, which was later enhanced by the Customs Officer to USD 5.20 per roll. The appellant paid the differential duty for the import of the rolls. The department issued a show cause notice proposing to enhance the value of earlier consignments as well. The appellant contended that they also imported an inferior quality brand 'SONOMED' at USD 1.00 per roll, supported by samples and communication from the supplier. The Tribunal noted that the differential duty was already paid for the 'SONY' brand, and the department's presumption regarding past imports lacked concrete evidence.Allegations of undervaluation in previous consignments:The department alleged that the appellant might have imported goods with undervaluation in previous consignments. A show cause notice was issued covering four earlier consignments of 16700 rolls, proposing to enhance the value from USD 1 per roll to USD 5.20 per roll, demanding a differential duty of &8377; 11.77 lakh. The appellant challenged this allegation by providing evidence of importing the inferior quality 'SONOMED' brand at a lower value, contradicting the department's presumption of consistent undervaluation.Presumption of import based on past transactions:The department presumed that the 'SONY' brand was imported in the earlier consignments as well, leading to the demand for a differential duty without concrete evidence to support this presumption. The appellant argued that the 'SONY' brand was never imported in the past and provided documentation from the supplier located in Dubai, confirming the import of the inferior 'SONOMED' brand at a lower value. The Tribunal emphasized the lack of concrete material to establish the imported goods' details, highlighting the unjustified nature of the duty demand based solely on presumption.Justification of duty demand without concrete evidence:The Tribunal, after considering all facts and circumstances, concluded that the duty demand was made merely on presumption without tangible evidence or imported items in hand. As a result, the Revenue was deemed unjustified in raising the value and demanding the differential duty. Consequently, the impugned order was set aside, and the appeal was allowed, indicating that the duty demand lacked merit and was not supported by sufficient evidence to establish the valuation of the imported goods.