2004 (8) TMI 492 - AT - Customs

Summary

Issues:
- Application for early hearing based on inclusion of royalty in the value of imported components.
- Financial hardship due to the Customs Department's insistence on paying additional amount on the invoice value.
- Reference to Larger Bench decisions in Panalfa and Hoerbiger supporting the appellant's position.

Analysis:
The appellant filed an application for early hearing, citing the narrow issue of royalty inclusion in the imported components' value. They argued that the matter had been decided in their favor by the Larger Bench in previous cases. The appellant contended that the Customs Department's demand for additional payment based on royalty inclusion, as per the impugned order of the Commissioner - Appeals, would lead to financial hardship. They emphasized that paying customs duty on an enhanced value not legally required would cause them grave prejudice. The appellant requested an early hearing, stating that the balance of convenience favored them due to the potential adverse financial impact.

Upon hearing both parties and examining the records, the Tribunal granted the application for early hearing. The appeal was scheduled for regular hearing on a specific date to address the issue raised by the appellant regarding the inclusion of royalty in the imported components' value. The decision to allow early hearing indicates the Tribunal's recognition of the urgency and significance of the matter, especially considering the potential financial implications for the appellant. The reference to previous decisions by the Larger Bench in similar cases strengthens the appellant's argument and sets a precedent supporting their position on the disputed issue.