1998 (8) TMI 196 - AT - Customs

Tribunal upholds Customs' valuation decision for imported Dicyandiamide, penalties reduced based on additional factors.

The Tribunal upheld the Customs' decision to enhance the valuation of imported Dicyandiamide (DCDA) based on evidence of similar imports at a higher ... Valuation Issues:1. Valuation of imported goods2. Confiscation of goods, redemption, and penalty imposition3. Voluntariness of confessional statements4. Customs Valuation Rules application5. Evidence sufficiency for valuation enhancement6. Relationship between supplier and buyer for valuation7. Corroboration of evidence8. Definition of identical goods9. Settlement for lower valuation10. Upholding the value enhancement11. Penalty reduction and demurrage payment considerationIssue 1: The case involved the import of Dicyandiamide (DCDA) at a declared value lower than the prevailing market rate. The Customs sought to enhance the valuation based on evidence of similar imports at a higher price.Issue 2: The Commissioner's order confiscated the goods, allowed redemption, imposed a penalty of Rs. 5.00 lacs, and increased the value to US $ 1700 P.M.T., leading to the appeal against this decision.Issue 3: The argument of the appellant that confessional statements were not voluntary was dismissed as the statements were made over several days, including a later period when the individual was not continuously under investigation, and were not retracted.Issue 4: The appellant claimed that the Customs Valuation Rules were not correctly applied, specifically mentioning Rule 4 and the relationship between the supplier and buyer, which was contested by the Customs.Issue 5: The sufficiency of evidence for the valuation enhancement was upheld, citing the statements of the importer and his nephew, along with invoices submitted to Customs.Issue 6: The contention regarding the relationship between the supplier and buyer for valuation purposes was discussed, emphasizing the need for specific allegations in the show cause notice to invoke relevant provisions.Issue 7: The Tribunal found the evidence substantial, rejecting claims of non-voluntariness of statements and highlighting corroboration through the importer's nephew's statement and submitted invoices.Issue 8: The importance of identical goods in determining valuation under Rule 5 of the Valuation Rules was emphasized, considering physical characteristics, quality, country of origin, and suppliers.Issue 9: The argument about settling for a lower valuation accepted by another Customs House was not considered due to lack of information on the circumstances, focusing on the current case instead.Issue 10: The Tribunal upheld the enhancement of the value based on the evidence presented, including contemporaneous imports from the same supplier.Issue 11: The penalty was reduced from Rs. 5.00 lacs to Rs. 2.00 lacs considering factors like extra payment due to enhanced valuation, demurrage, and penalty imposition, rejecting the request to limit the penalty to the deposited amount.