Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Customs Valuation Rules 5 1988: rr.4 6 10A -Import of goods - Transaction |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Customs Valuation Rules, 1988: rr.4, 5, 6, 10A -Import of goods - Transaction value @ Rs.36 per piece declared by the importer-respondent - Rejected by the Commissioner (appeal) and invoking r. 6, he found that in instances given by department, prices mentioned therein varied from Rs. 73.94 and Rs.134.08 per piece and taking minimum of the said price fixed the transaction value at Rs. 73. 94 and confiscated the goods and imposed differential duty and redemption fine of Rs.20 lacs and penalty of Rs.5 lacs - Tribunal held that identical goods were imported @Rs. 58 per piece and, therefore, there was no reason to justify the value fixed by Commissioner (appeal)- Held: In the instances given by the Department, prices thereof ranged between Rs. 73 to Rs. 134 per piece - On the other hand, 5 examples given by respondent, prices thereof were from Rs. 58 to Rs. 72. 12- The Departmental representative argued that even as per the respondent, the similar goods were imported@ between 58 to Rs. 72. 12 per piece and, therefore,the declaration of price in Bill of Entry at Rs. 36 per piece was not accurate - The price of Rs. 581- was rightly not accepted by the Commissioner by giving a very valid reason,namely, even in respect of that import by the importer declaring the value of Rs. 581-, a show cause notice had been issued by the Department and case was under scrutiny- Thus, the entire basis of the Tribunal's order was misplaced as it was founded on total misconception of law and was also contrary to the facts on record - The order of Tribunal is set aside and order of Commissioner is affirmed insofar as it relates to redemption of the value declared by the respondent at Rs. 36 per piece and fixing the value at Rs. 73. 94 per piece,as well as demand of differential duty on that basis -Redemption fine of Rs. 20 lakhs and the penalty of Rs. 5 lakhs which is imposed in the facts of this case is on a higher side- Redemption fine is reduced to Rs.6 lakhs which is the equivalent to the differential duty and penalty imposed is set aside a/together- Custom Act, 1962 - s. 112. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2015 INSC 991 |
Petitioner | Commnr. Of Customs, New Delhi-iv |
Respondent | Mis.aryan Electronics |
SCR | [2015] 6 S.C.R. 252 |
Judgement Date | 2015-04-29 |
Case Number | 709 |
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