1995 (11) TMI 101 - SC - Customs

Customs Tribunal Upheld in Ball Bearings Undervaluation Dispute

The appeal was dismissed by the court, upholding the Customs, Excise, and Gold (Control) Appellate Tribunal's decision regarding alleged undervaluation of ... Valuation (Customs) - Under-valuation Issues: Appeal against order of Customs, Excise and Gold (Control) Appellate Tribunal regarding alleged undervaluation of imported ball bearings.Summary:1. Undervaluation Allegation: Respondents imported ball bearings from Hungary, facing allegations of gross undervaluation based on complaints. Show cause notices proposed enhancing values, which respondents contested, claiming no undervaluation. Collector of Customs initially accepted invoice prices as correct. Appeals filed with CEGAT, which upheld the invoice prices as correct, dismissing the appeals. Respondents submitted embassy certificates to support invoice prices as latest in the country of origin. 2. Legal Contention: Appellant's counsel argued CEGAT's observation on assessable value under Section 14 was unjustified, claiming no obligation for the department to provide evidence of contemporaneous imports at higher prices to prove undervaluation. CEGAT's judgment was reviewed, clarifying that the observation was specific to the case at hand, emphasizing the need for evidence if disputes arise despite importer's submission of correct invoice prices. No general legal proposition was established by CEGAT. As CEGAT's decision was deemed correct, the appeals were dismissed.