Banaras Beads Ltd Vs Commissioner of Customs (Export) (CESTAT Mumbai)
Glass Beads (rockies) were imported against bills of entry. Some quantity which is covered by first of bills was re-assessed at US$ 1.60/Kg while consignment in subsequent shipments was re-assessed at US$ 1.75/Kg. This over enhancement of value of glass bead is the subject matter of the dispute. Value was upheld by Commissioner of Customs (Appeals), Mumbai who held that the enhancement on the basis of assessable value of ‘contemporaneous imports’ of ‘similar goods’ in the respective assessment were not to be faulted.
It was argued that the substitution of the declared value was not in consonance with the decision of the Hon’ble SC in Eicher Tractors Ltd v. Commissioner of Customs, Mumbai [2000 (122) ELT 321 (SC)] on applicability of stray imports as sufficing for rejection of declared value within the scope of rule 12 of Customs Valuation (Determination of Value of Imported Goods) Rules, 2007 as to set recourse to ‘surrogate value’, under the authority of rule 3(4) therein, in motion. Bills of entry which were relied upon by the original authority, were not made available for challenge. Reliance was placed upon Dujodwala Products Ltd v. Commissioner of Customs (Import), Mumbai [2009 (235) ELT 266 to argue that failure to furnish documents relied upon invalidated re-assessment.
