2023 (2) TMI 997 - HC - Customs

Right to receive documents - Petitioner s request for supplying certain documents was denied - HELD THAT - The procedure is now governed by the Customs Valuation (Determination of Value of Imported Goods) Rules, 2007, wherein a detailed methodology is laid down. If the Petitioner files a reply including submissions made in the writ petition, it is expected that the Respondents-authorities will proceed as per the mandate of the Rules of 2007. If there is deviation therefrom to the prejudice of the Petitioner, the Petitioner would have its right open to filing an appeal. The learned Counsel for the Petitioner states that adjudication of the show cause notice should be by a reasoned order. It is not found that apprehension is warranted as the authority is expected to pass a reasoned order. Petition disposed off.

Summary

Issues:
1. Rejection of request for documents by customs authority
2. Right of petitioner to receive documents for fair adjudication
3. Interpretation of Customs Valuation Rules, 2007
4. Adjudication process for show cause notice

Analysis:
1. The petitioner approached the court as their request for certain documents was rejected by the customs authority. The court noted that the petitioner is yet to file a reply to the show cause notice and deemed it unnecessary to delve into the matter extensively at this preliminary stage.

2. The petitioner argued that they have the right to receive documents, such as price data of other importers, which the respondents seek to rely upon. Reference was made to previous judgments to support the petitioner's contention. The court acknowledged the importance of receiving such documents for a fair adjudication but decided to leave the matter for further proceedings after the reply to the show cause notice is filed.

3. The court discussed the Customs Valuation (Determination of Value of Imported Goods) Rules, 2007, emphasizing the detailed methodology laid down in the rules. It was stated that if the petitioner submits a reply as per the writ petition, the authorities should proceed in accordance with the rules. Any deviation to the petitioner's prejudice would entitle them to file an appeal.

4. The court left the contentions of both parties open to be adjudicated in the subsequent proceedings following the show cause notice. The petitioner was granted the option to request that a common reply be allowed to be filed. Additionally, the petitioner's counsel highlighted the importance of a reasoned order for the adjudication of the show cause notice, which the court found unnecessary to address, trusting that the authority would pass a reasoned order as expected.

In conclusion, the writ petition was disposed of with the understanding that the parties' contentions would be dealt with in the proceedings after the filing of the reply to the show cause notice.