2024 (8) TMI 1285 - AT - Customs

CESTAT Mumbai allows importer's appeal against differential duty and penalty for alleged undervaluation of poppy seeds from Turkey

CESTAT Mumbai set aside the Commissioner of Customs order imposing differential duty, fine and penalty on importer for alleged undervaluation of white and ... Undervaluation of imported goods - white and yellow poppy seeds imported from Turkey - rejection of declared value by the appellants importer on the basis of values available in data base maintained by Turkish customs authorities and Public Ledger prices - whether the impugned order confirming demand of differential duty, and imposing of fine and penalty by the adjudicating authority in the impugned order is legally sustainable or not? HELD THAT:- It is a fact on record that the entire demand of differential duty is on the basis of documents obtained from Turkish Customs authorities and the chart indicating that there is undervaluation of goods as concluded in the DRI investigation. It is also found that the basic issue involving rejection of declared value by the appellants importer on the basis of values available in data base maintained by Turkish customs authorities and Public Ledger prices. The very same issue have been extensively examined by the Coordinate Bench of the Tribunal, in a similar set of same facts of the case of Ajay Exports [2023 (6) TMI 1090 - CESTAT MUMBAI] by determining the basic issues of valuation imported poppy seeds from Turkey in terms of Customs Valuation (Determination of Value of Imported Goods) Rules, 2007 and have held that rejection of declared value is without authority of law; and the confiscation of imported goods, imposition of redemption fine and penalties have also been set aside. In view of the decision taken by the Co-ordinate Bench of the Tribunal, it is opined that a different stand on the matters cannot be taken in involving similar set of facts and circumstances. The impugned order dated 20.01.2014 passed by the Commissioner of Customs (Import), Mumbai is not legally sustainable and the therefore the same is set aside - appeal allowed. Issues Involved:1. Alleged undervaluation of imported poppy seeds.2. Legality of demand for differential duty.3. Imposition of fine and penalty.4. Admissibility and reliability of evidence from Turkish Customs.5. Applicability of previous Tribunal decisions on similar matters.6. Compliance with Customs Valuation Rules.Issue-wise Detailed Analysis:1. Alleged Undervaluation of Imported Poppy Seeds:The appellants were accused of undervaluing imported consignments of white and yellow poppy seeds from Turkey between September 2004 and February 2007. The Directorate of Revenue Intelligence (DRI) initiated an investigation based on intelligence received. The DRI found that the appellants had under-invoiced 14 out of 20 consignments by about 50 to 60%. This conclusion was drawn from data received from Turkish customs authorities, which was compared with Public Ledger and UN COMTRADE data.2. Legality of Demand for Differential Duty:The appellants argued that the enhancement of import values was based on uncertified documents and charts with blacked-out entries, making them unreliable. They contended that the demand for differential duty was based solely on two invoices from 2004, which did not provide a legally sustainable basis for redetermination of the price of imported goods.3. Imposition of Fine and Penalty:The Commissioner of Customs confirmed the proposals made in the Show Cause Notice (SCN), including the imposition of fine and penalty. The appellants challenged this, citing a similar case (Ajay Exports Vs. Commissioner of Customs) where the Tribunal had set aside the order for confirmation of demands against redetermination of values in respect of import of poppy seeds from Turkey.4. Admissibility and Reliability of Evidence from Turkish Customs:The Authorized Representative for the Respondent argued that the documents obtained from Turkish Customs authorities through diplomatic channels were admissible as evidence under Section 139(ii) of the Customs Act, 1962. The Tribunal, however, found that the rejection of declared value based on these documents was without authority of law, as similar issues had been extensively examined in the Ajay Exports case.5. Applicability of Previous Tribunal Decisions on Similar Matters:The Tribunal referred to the Ajay Exports case, where it was held that the rejection of declared value was without authority of law. The Tribunal found that the same principles applied to the present case, and thus, the impugned order was not legally sustainable.6. Compliance with Customs Valuation Rules:The Tribunal noted that the Customs Valuation (Determination of Value of Imported Goods) Rules, 2007, and the amendments to Section 14 of the Customs Act, 1962, required a sequential application of valuation methods. The Tribunal found that the lower authorities had not followed the prescribed procedures for rejecting the declared value and resorting to alternative valuation methods. The Tribunal emphasized that the lack of factual evidence to sustain the contention of cartel operations impeded the rejection of declared value.Conclusion:The Tribunal concluded that the proceedings of the lower authorities were undertaken on an erroneous premise of law and did not properly resort to the relevant method of valuation. Consequently, the impugned order dated 20.01.2014 was set aside, and the appeal was allowed in favor of the appellants with consequential relief.Order Pronounced:The order was pronounced in open court on 26.08.2024, setting aside the impugned order and allowing the appeal in favor of the appellants.