2026-VIL-432-CESTAT-MUM-CU
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CUSTOMS CESTAT Cases

Customs - Valuation of Imported "Power Bank 5200mAH" - Dept re-determined the assessable value under Rule 5 of the Customs Valuation Rules, 2007 based on the price of similar goods imported by another importer, and imposed penalties - Whether the re-determination of assessable value by the customs authorities under Rule 5 of the Customs Valuation Rules, 2007 and the consequent imposition of confiscation, redemption fine and penalty are sustainable - HELD - The Dept failed to consider the value of 'identical goods' imported by the appellant earlier at US$ 3.64 per piece, which should have been the basis for determining the assessable value under Rule 4 of the Customs Valuation Rules, 2007. The price of similar goods imported by another importer at Rs. 454.50 per piece cannot be compared with the price offered to the appellant, who is a wholesaler, without making necessary adjustments for the difference in commercial level and quantity. The transaction value cannot be rejected without evidence of contemporaneous imports of identical or similar goods at a higher price – Furthermore, under Note to Rule 4, 5 of the ‘Interpretative Notes’ specified in the Schedule to CVR vide Rule 13, have not at all been considered in arriving such value redetermined by the department. The value determined under Rule 5 of CVR in the original order is liable to set aside inasmuch as it is not in conformity with the legal provisions of Rule 4, 5, which mandates that the goods being appraised are to be valued on the basis of transaction value of identical or similar goods – The whole process of arriving at the re-determined value on the basis of NIDB data regarding the price of similar goods, and based on such value, the assessable value of the impugned goods having been re-determined is contrary to the law and factually incorrect. There is no evidence of mis-declaration of INCO terms or any other evidence to reject the transaction value and impose penalties - The impugned order is set aside to the extent it had confirmed the adjudged demands on the basis of revised/enhanced valuation of goods and the also upheld confiscation, imposition of redemption fine and penalty on the appellants – The appeal is allowed
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