2019 (11) TMI 575 - HC - Customs

Valuation of imported goods - whether the impugned order of the tribunal without considering the report of and materials relied upon by the Directorate of Revenue Intelligence regarding the value of the goods and in its interpretation of the Customs Valuation (Determination of Value and Imported Goods) Rules, 2007 was erroneous in law and perverse? HELD THAT - Considering the submissions made by learned counsel appearing for the appellant and the Directorate of Revenue Intelligence regarding impleadment of the Directorate as a party in the appeal, we are of the view that this prayer cannot be acceded to as the appellant and the directorate are authorities directly under the central government. List the appeal for hearing on 8th January 2020.

Summary

Issues Involved:
1. Interpretation of Customs Valuation Rules and consideration of Directorate of Revenue Intelligence report.

Analysis:
The High Court of Calcutta, comprising Justice I. P. Mukerji and Justice Md. Nizamuddin, admitted an appeal based on the substantial question of law regarding the interpretation of the Customs Valuation (Determination of Value and Imported Goods) Rules, 2007. The core issue raised was whether the impugned order of the tribunal, which did not consider the report and materials relied upon by the Directorate of Revenue Intelligence concerning the value of the goods, was erroneous in law and perverse. The court acknowledged the submissions made by the counsels representing the appellant and the Directorate of Revenue Intelligence. The court declined the plea to implead the Directorate as a party in the appeal, as both the appellant and the Directorate are authorities directly under the central government. However, the court decided to treat the appeal as if preferred by the Union of India, granting liberty to the customs and the Directorate of Revenue Intelligence to make submissions.

The court issued a notice of appeal to the respondent, to be served by a specified date. The advocate-on-record for the appellant was directed to file informal paper books by a certain date, with a copy to be served on the respondent's advocate-on-record before the hearing. The court granted permission to include the report of the Directorate of Revenue Intelligence and all other relied-upon materials in the paper books. The appeal was listed for hearing on a specific date. Additionally, the court disposed of the stay application related to the case. The judgment focused on ensuring procedural fairness and adherence to legal requirements in the appeal process, emphasizing the importance of considering all relevant reports and materials in customs valuation disputes.