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Challenge to Customs Tribunal's order setting aside Commissioner's order on EPCG Scheme valuation under Customs Act, 1962. Analysis: The appellant challenged the Customs Tribunal's order, which set aside the Commissioner's order dated June 22, 2000, regarding the valuation of capital goods imported under the Export Promotion Capital Goods (EPCG) Scheme. The Tribunal based its decision on a previous Supreme Court judgment in the case of Collector of Customs v. Reliance Industries Ltd. (2000) 2 SCC 114, without independently assessing whether the Customs Department had the authority under Section 14 of the Customs Act, 1962, to assess the value of the imported goods. The Tribunal's decision was deemed erroneous as it did not address the specific point in dispute in the present case. The Solicitor General, Mr. G.E. Vahanvati, presented the judgment in the case of Reliance Industries Ltd. to the Court, emphasizing that it did not cover the issue at hand. The Court concurred, stating that the Tribunal had incorrectly ruled against the Revenue based on this judgment. The senior counsel for the respondents acknowledged that the Reliance Industries Ltd. case did not entirely align with the current case's circumstances, indicating a disparity in facts between the two cases. Consequently, the Supreme Court set aside the Tribunal's order and remanded the matter for reconsideration in accordance with the law. The Court clarified that all questions were to be reconsidered, emphasizing that the current order should not be construed as an opinion on the case's merits. The appeals were allowed without any costs incurred. In a related appeal, the parties agreed that, following a previous order in another case, the Tribunal's decision in the present case should be overturned, and the matter should be sent back for a fresh decision in compliance with the law. The appeal was allowed without costs, aligning with the decision in the primary appeal.
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