Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

Home Case Index All Cases Customs Customs + HC Customs - 2007 (5) TMI HC This

  • Login
  • Summary

Forgot password       New User/ Regiser

⇒ Register to get Live Demo



 

2007 (5) TMI 623 - HC - Customs

Issues Involved:
Appeal against Tribunal's order on value of goods for assessment under Customs Act, 1962.

Analysis:
The judgment concerns an appeal filed by the Revenue against an order passed by the Customs, Excise and Service Tax Appellate Tribunal. The dispute revolves around the value of goods, with the Revenue alleging misdeclaration through over-invoicing, leading to action under Sections 111(m) and 112 of the Customs Act, 1962. The Tribunal set aside the Commissioner of Customs' order and ruled in favor of the respondent, granting consequential relief.

The Revenue, dissatisfied with the Tribunal's decision, filed an appeal under Section 130 of the Customs Act, 1962. However, the High Court noted that Section 130(1) specifies that appeals can be made to the High Court from Tribunal orders, except in cases involving the value of goods for assessment purposes. As the value of goods was the central issue in this case, the High Court concluded that it lacked jurisdiction to entertain the Revenue's appeal.

Consequently, the High Court dismissed the appeal due to lack of jurisdiction. The judgment highlights the importance of understanding the statutory provisions governing appeals and the limitations on High Court jurisdiction in cases involving specific issues such as the value of goods for assessment under the Customs Act, 1962. The parties were directed to take appropriate legal steps as per the law, and all pending applications were disposed of as part of the judgment.

 

 

 

 

Quick Updates:Latest Updates