AI Drafter 
TaxTMI 
TaxTMI 
2025 (2) TMI 381
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....rder dated 05.02.2021 passed by the Deputy Commissioner and rejected the appellant's appeal. 2. The appellant had filed Bill of Entry No.2460284 dated 22.01.2021 to clear "Copper Scrap Birch/Cliff" imported by it from United Arab Emirates. The appellant self-assessed duty as per the value declared by it. As per Section 17(1) of their Customs Act 1962, the Act the importer has to self- assess the duty and as per Section 17 (4) of the Act the proper officer can re-assess the duty on the imported goods where the self-assessment is not found to be correct. The proper officer raised a query in the Indian Customs Electronic data of Interchange System ICES requesting the appellant to provide material or evidence to justify the value declared by....
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....The Deputy Commissioner found that there were no identical goods and therefore, Valuation Rule 4 could not be applied in the case and determined the value under Valuation Rule 5. In the impugned order,the Commissioner (Appeals) recorded that the price declared by the appellant was Rs. 414.54per/kgwhich was significantly lower than the value of similar goods which was between Rs. 465 to Rs. 507 per kg in the 15 Bills of Entry listed in the Order-in-Original. Therefore, he found no reason to interfere with the Order-in-Original and rejected the appeal filed by the appellant. 6. In this appeal, the impugned order is assailed on the following grounds:- 1) The appellant had correctly declared the transaction value based on which the ....
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....d in the impugned order by the Commissioner (Appeals). 8. We have considered the submissions and have gone to records of the case. 9. The appellant's contention is that the transaction value in the invoice should have been accepted and assessment should have been finalized accordingly. We find that transaction value is not the only basis for assessment of the duty. The Valuation Rules as well as Section 14 of the Act provide for rejection of transaction value. When rejecting the transactionvalue, the customs officer does not modify the transaction value but only rejects it as the assessable value for determination of the duty. 10. There are various grounds on which the transaction valuecan be rejected under Valuation Rule 12.This r....
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....per officer is satisfied about the truth and accuracy of the declared value after the said enquiry in consultation with the importers. (iii) The proper officer shall have the powers to raise doubts on the truth or accuracy of the declared value based on certain reasons which may include - (a) the significantly higher value at which identical or similar goods imported at or about the same time in comparable quantities in a comparable commercial transaction were assessed; (b) the sale involves an abnormal discount or abnormal reduction from the ordinary competitive price; (c) the sale involves special discounts limited to exclusive agents; (d) the misdeclaration of goods in parameters such as descr....
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.... be similar goods in scrap. This contention cannot be accepted. In fact, scrap is classified as per ISRI standards and different types of copper scrap have been given different names. In this case the imported copper scrap is birch/cliff. Copper scrap is globally traded and it was also imported by the appellant as per ISRI classification. Therefore, copper scrap birch/ cliff as is known in the market is similar to other imported birch/cliff. The Deputy Commissioner has correctly considered only the value of birch/cliff imported during the relevant period. He was therefore, correct in holding that such imports were imports of similar goods and in re-determining the value assessing the duty accordingly. 15. We also find that and contention....