1988 (6) TMI 168 - AT - Customs

Appellate Tribunal Upholds Customs Valuation of Imported Grapes

CHAND PRAKASH & Co. Versus COLLECTOR OF CUSTOMS

The Appellate Tribunal CEGAT, New Delhi upheld the customs authority's valuation of imported grapes at 8 US $ per crate, dismissing the appeals by the ... Valuation Issues: Valuation of imported grapes, Application of Customs Act, Evidence of quality comparison, Import permission significanceThe judgment by the Appellate Tribunal CEGAT, New Delhi involved three appeals concerning the valuation of grapes imported by the appellants through the customs point at Attari Road. The appellants declared the value of the grapes at 7 US $ per crate, while the customs assessed them at 8 US $ per crate. The dispute revolved around whether the Assistant Collector's valuation based on the price of like goods on the same day and place was justified under Section 14 of the Customs Act. The key issue was the comparison of the quality of imported grapes and the significance of an import permission granted by NAFED mentioning the price of grapes at 7 US $ per crate.In the first appeal, the Ld. Advocate for the appellants argued that the Assistant Collector's finding that the grapes were of the same kind and quality as higher valued grapes was unsubstantiated. He contended that the Assistant Collector's order lacked proper application of mind and that adopting the highest value declared in a day for all imports was incorrect. However, the advocate failed to provide evidence to disprove the quality comparison or establish any differences in importation. The argument also highlighted NAFED's approval for import at 7 US $ per crate.On the other hand, the Ld. SDR representing the customs authority argued that the comparison was based on grapes with grapes, and the Assistant Collector's decision was justified under Section 14 of the Customs Act as the grapes were offered for sale at 8 US $ per crate at the same time and place. The SDR emphasized that the import permission from NAFED did not impact the customs duty valuation.The Tribunal considered both arguments and found that the appellants did not dispute the existence of imports at 8 US $ per crate on the same days they imported at 7 US $ per crate. The Tribunal concluded that the Assistant Collector's valuation based on the price of like goods on the same day and place was in accordance with the Customs Act. The Tribunal dismissed the appeals, stating that the Assistant Collector's decision was valid, despite some procedural shortcomings, and there was no evidence to support the appellants' claims of differing quality in their importation compared to others. The Tribunal upheld the valuation of the customs authority, emphasizing the importance of Section 14 of the Customs Act in determining the value of imported goods.