2010 (12) TMI 1124 - AT - Customs

Summary

Issues involved: Assessment of imported goods based on enhanced value, rejection of appeals by Commissioner (Appeals) due to acceptance of enhanced value by importer, interpretation of Section 17(5) of the Customs Act, 1962.

Summary:

Assessment of Imported Goods:
The appellant imported aluminum scrap and declared the transaction value as per the invoice for assessment at Customs House, Kandla. The Customs proposed to enhance the value, which the appellant accepted by paying the duty and clearing the consignments. Subsequently, the assessments were challenged through appeals before the Commissioner (Appeals).

Interpretation of Section 17(5) of the Customs Act:
The Commissioner (Appeals) rejected the appeals solely on the ground that the appellants had accepted the enhanced value, citing Section 17(5) of the Act. However, the Appellate Tribunal noted that Section 17(5) requires the proper officer to pass a speaking order only when the assessment is not accepted by the importer or exporter. Acceptance of the assessment at the pre-assessment stage does not deprive the importer of the right to challenge the assessment before higher appellate authorities.

Request for Speaking Order:
The importers had written letters requesting the authorities to pass the bill of entry on enhanced value under protest and issue a speaking order. This indicated the urgency to clear the goods even at the enhanced value, with the intention to challenge the assessment post-clearance. Such requests were not covered by the provisions of Section 17(5) of the Act.

Decision and Remand:
The Appellate Tribunal set aside the impugned order and remanded the matter to the original adjudicating authority to pass appropriate, reasoned, and speaking orders for enhancing the assessable value. The appellants were granted the liberty to raise all legal issues before the original adjudicating authority. All the appeals were allowed by way of remand.

This judgment clarifies the interpretation of Section 17(5) of the Customs Act and upholds the right of importers to challenge assessments even if they have accepted enhanced values for clearance of goods.