9911796707
TMI Blog2010 (12) TMI 1246X X X X Extracts X X X X X X X X Extracts X X X X ..... presented the Bill of Entries for home consumption, the goods are not yet cleared for home consumption as the assessment is not yet complete, since there is dispute regarding valuation of the goods imported. 2. The brief history and background of the case is as follows: By notification dated 4th June, 2008 issued by the Director General of Foreign Trade purporting to be in exercise of the power under Foreign Trade (Development Regulation Act), 1992 read with paragraph 2.1 of Foreign Trade Policy 2004-09, it was notified that 'Betel nuts' (whole) could be imported freely into India provided the cif value of the commodity is ₹ 35/- per kilogram and above. In other words, if the value of the imported 'Betel nuts' is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ments in support of their claim with regard to valuation of the goods, was not accepted by the first respondent. Therefore the appellants approached this Court by filing various Writ Petitions, seeking for a direction to the respondents to release the imported materials on the the basis of the provisional assessment. By judgment under appeal, the learned Judge of this Court disposed of the writ petitions declining to grant any direction for provisional assessment and issued certain further directions. The operative portion of the judgment is as follows: 7. In that view of the matter, the prayer sought to direct the respondents to provisionally assess the cargo of betel nuts imported by the petitioners cannot be granted. 8. However, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ere the importer has produced all documents and furnished full information believed by him to be necessary and sufficient for the assessment of the duty, but the proper officer deems it necessary to make further enquiry for assessing the duty, the proper officer is authorised to make provisional assessment on condition that the importer furnishes such security as may be specified by the proper officer for securing payment of duty leviable on the imported goods/material. Statutory rules are framed regarding the method and manner in which valuation of the goods imported are to be made, known as Customs Valuation (Determination of Value of imported Goods) Rules, 2007. It may not be necessary for us to go into further details of the provisions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty payable on the basis of such provisional assessment. 9. The appellants also undertake to produce whatever materials they want to furnish in support of their claim within two weeks from today and to appear before the first respondent along with the materials on or before 21st December, 2010. On such appearance, the final assessment or liability of the appellants shall be made by the respondents. The tax paid and the Bank guarantee furnished, pursuant to the order passed today, shall be adjusted according to the requirement of final assessment orders. The respondents are further directed to make provisional assessment within a period of three days from today. 10. However in W.A.No.2048 of 2010 there are two appellants and it is broug ..... X X X X Extracts X X X X X X X X Extracts X X X X
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