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Issues Involved
1. Nature of the Customs Authorities' Order: Administrative or Quasi-Judicial. 2. Legality of the Customs Authorities' Assessment Method. 3. Validity of Short Levy Notices. 4. Right to Refund and Reassessment. Detailed Analysis 1. Nature of the Customs Authorities' Order: Administrative or Quasi-Judicial The primary issue examined was whether the Customs authorities' orders were administrative or quasi-judicial. The judgment referenced the Supreme Court's test from *Province of Bombay v. Khushaldas S. Advani* and Lord Justice Atkin's criteria from *Rex v. Electricity Commissioners*. The judgment emphasized that for an order to be quasi-judicial, the authority must have a duty to act judicially, which involves following judicial processes and observing natural justice principles. The Court concluded that the Customs authorities' assessment orders were administrative, not quasi-judicial, as the Sea Customs Act did not impose a duty to act judicially on the assessing officers. 2. Legality of the Customs Authorities' Assessment Method The Customs authorities assessed the import value by adding 12.5% to the invoice value of goods imported by Voltas Ltd., another importer of identical goods. The Court scrutinized whether this addition was justified under Section 30(b) of the Sea Customs Act, which defines "real value" as the cost at which goods of like kind and quality could be delivered at the place of importation. The Court found that the Customs authorities' addition of 12.5% was based on an erroneous assumption that Voltas Ltd. received an undisclosed commission, which was not supported by evidence. The Court held that the Customs authorities must base their assessment on the actual invoice value unless there is concrete evidence of additional undisclosed payments. 3. Validity of Short Levy Notices The Court examined the validity of the short levy notices issued by the Customs authorities under Section 39 of the Sea Customs Act. The judgment did not conclusively decide on the validity of these notices but indicated that the Customs authorities agreed to reconsider the assessments in light of the Court's findings. The Court directed that the short levy notices should be reviewed and amended if necessary, based on the proper assessment of the invoice values. 4. Right to Refund and Reassessment The appellants sought refunds for overpaid customs duties based on the incorrect assessments. The Court directed the Customs authorities to dispose of the refund applications for the first six consignments in accordance with the judgment's findings. For the 7th, 8th, and 9th consignments, the Customs authorities were instructed to review the short levy notices and make necessary adjustments. For the 10th consignment, the Court set aside the assessment order and directed a reassessment in light of the judgment. The Court also ensured that the appellants retained their right to appeal and revision under Sections 188 and 191 of the Sea Customs Act. Conclusion The judgment concluded that the Customs authorities' assessment orders were administrative and not quasi-judicial. The Court found that the addition of 12.5% to the invoice value was not justified in the absence of evidence of undisclosed commissions. The Customs authorities were directed to reassess the consignments and dispose of refund applications accordingly. The Court ensured that the appellants' rights to appeal and revision were preserved. The appeal was allowed, and there was no order as to costs throughout.
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