Order Date – 01 August 2022

Facts –

• The appellant, CMR Nikkei India Pvt Limited imported Aluminium scrap under various Bills of Entry and the price was declared in the Bills of Entry is as per the invoice of the foreign supplier.
• The Assessing officer did not accept the transaction value declared in the Bills of Entry and reassessed the Bills of Entry by enhancing the value on the basis of Circular issued by Director General of Valuation. 
• Appellant challenged the said reassessment and filed the Appeals before the Commissioner. The Commissioner rejected the Appeals on the grounds that the Appellant have given a consent letter accepting the enhanced value of the Assessing authority. 
• Being aggrieved by the impugned orders-in-appeal the Appellant filed the present Appeals.

Issue –

• Whether Assessing officer can enhance the value of imported goods during reassessment?

Order –

• The Tribunal observed that the primary requirement for re-determination of the value is that the transaction value should be rejected for cogent reasons prescribed in the Customs Valuation Rules. However, in this case no reason was found for re-assess of the value of goods imported.
• The Tribunal held that the Revenue is required to satisfy the requirements prescribed under Section 14 of the Customs Act with Customs Valuation Rules before any enhancement of valuation. While observing that, neither the provisions have been followed while assessing the impugned bills of entry.
• The Tribunal set aside the impugned order and remanded the matter to the Original Assessing Authority for sharing the basis for such re-assessment. Thereof this appeal is disposed off.