COMMISSIONER OF CUSTOMS Vs. SHARDA CASTINGS LTD.

JUDGEMENT

(1.) THE respondents had imported numerous consignments of 'Heavy Melting Scrap' (for short, HMS) and 'Light Melting Scrap' (for short, LMS) on the strength of Advance Licences and claimed assessment on the basis of declared values. The Department rejected this claim and proposed to enhance the value to USD 110 PMT for HMS and to USD 100 PMT for LMS on the basis of Customs -recorded price of scrap imported and cleared through the same port by other regular importers. The goods were assessed as proposed. In respect of some Bills of Entry, the respondents paid the assessed duty under protest, while, in respect of other Bills of Entry, their payments of duty was not expressly under protest. Their objection to the enhancement of value was not sustained by the original authority which confirmed the above valuation under Rule 8 of the Customs Valuation Rules. In respect of the Bills of Entry, in relation to which duty was paid without explicit protest, the original authority also took the view that the assessments had become final with the elapse of the period of limitation for appeal. The orders of the original authority were taken in appeal to the Commissioner (Appeals). The appellate authority allowed the appeals after finding that there was no valid reason to discard the transaction value (declared value) of the goods. The orders of the Commissioner (Appeals) are presently under challenge in these appeals of the Revenue.

(2.) HEARD both sides. Ld. JDR reiterated the grounds of the appeals. Ld. Consultant resisted these grounds and submitted that it was not open to the Department to enhance the value of the scrap imported by the respondents, on the basis of value of scrap imported by other parties inasmuch as the scrap imported by one party was not comparable to that imported by another party.

(3.) THE appeals are dismissed.