2004 (12) TMI 218 - AT - Customs

Tribunal overturns order, rules in favor of appellant. Imported goods' value not comparable, should not be enhanced.

The Tribunal set aside the impugned order and allowed the appeal in favor of the appellant. It was concluded that the declared value of the imported goods ... Valuation (Customs) - Contemporaneous import Issues:1. Discrepancy in the declared value of imported goods.2. Comparison of goods imported by different entities.3. Justification for enhancing the value of imported goods.Analysis:1. The appellant imported Velcro Tape and filed a Bill of Entry, but the Revenue did not accept the declared value. The value was enhanced based on imports by another entity, M/s. Fancy Fashions. The appellant argued that the goods imported by M/s. Fancy Fashions from Taiwan were not comparable to their imports from China. Additionally, the appellant imported a larger quantity compared to M/s. Fancy Fashions.2. The Revenue contended that the goods were comparable and that M/s. Fancy Fashions had declared a higher value for the goods, justifying the enhancement of the appellant's imported goods' value. However, the Tribunal found that the imports by M/s. Fancy Fashions from Taiwan in January and April 2001 were not comparable to the appellant's imports from China in August 2001, especially considering the significant difference in quantity.3. The Tribunal concluded that the value declared by the appellant should not have been enhanced based on the imports by M/s. Fancy Fashions, as the goods were not comparable due to different origins, timing, and quantities. Therefore, the impugned order was set aside, and the appeal was allowed in favor of the appellant.