1991 (6) TMI 185 - AT - Customs

Tribunal upholds Collector's decision on Crankshafts value, emphasizes need to challenge evidence

KRISHNA & CO. Versus COLLECTOR OF CUSTOMS, BOMBAY

The Tribunal upheld the Collector's decision to enhance the value of imported Crankshafts from Rs. 1600 to Rs. 4037.56, emphasizing the appellants' ... Valuation - Clearance sale Issues:- Appeal against the order of the Collector enhancing the value of imported Crankshafts.- Justification of enhancing the value from Rs. 1600 to Rs. 4037.56.- Interpretation of Section 14 of the Customs Act regarding valuation of goods.- Obligation of Customs authorities to provide evidence for enhancing value.- Assessment of whether the Collector's decision to enhance the value was justified.Analysis:The appeal in this case revolves around the Collector's decision to increase the value of imported Crankshafts from Rs. 1600 to Rs. 4037.56. The appellants imported these goods in 14 consignments from Hamburg at a concessional price due to being related to an old model of daimler Benz. The Customs authorities based their decision on a similar import from West Germany, justifying the enhancement. The main contention is whether this increase is valid.The Customs Act's Section 14 governs the valuation of goods for assessment purposes. It stipulates that the value of goods for customs duty shall be the price at which such goods are ordinarily sold in international trade. In this case, the goods were acquired in a clearance sale, leading to a dispute over whether the price reflects the ordinary selling price in international trade. The Customs authorities are deemed justified in rejecting the import price due to the clearance sale nature of the purchase.One crucial aspect is the obligation of the Customs authorities to provide evidence, such as the invoice, for enhancing the value of goods. The appellant argued that they were not provided with the necessary documentation during assessment proceedings. However, the Collector noted that the appellants did not challenge the correctness of the invoice value or the comparability of the imported goods' value from West Germany. This lack of dispute led to the dismissal of the appeal as there was no reason to interfere with the Collector's decision.Ultimately, the Tribunal upheld the Collector's order, emphasizing that the appellants' failure to contest the invoice value or the applicability of the imported goods' value from West Germany rendered a remand for further assessment unnecessary. The decision highlights the importance of challenging evidence and raising objections at the appropriate stages of the legal process to support one's case effectively.