9911796707
TMI Blog2009 (8) TMI 1213X X X X Extracts X X X X X X X X Extracts X X X X ..... reveals that despite repeated opportunities, respondents have not filed their reply/counter affidavit. Mr. Mukesh Anand, Advocate, who appears for the respondent states that the matter is covered by the judgment of the Supreme Court in Varsha Plastics Private Limited v. Union of India, 2009 (235) E.L.T. 193 (S.C.). In the said case, validity of standing orders and whether they interfere with the i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nes and not mandate or command for being obeyed in each individual case of assessment before them. The High Court further held that Standing Order is to be taken only as an assistance in exercise of the quasi-judicial power of determining value for the purpose of levying of customs duty. We agree with the view of the High Court. As a matter of fact, it is the case of the Department as well that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nals which are indicators of international prices for the value of imported goods for the purpose of Section 14(1) is concerned, suffice it to observe that once transaction value is rejected on valid grounds, the Customs Authority has to proceed to determine the value of goods by following Customs Valuation Rules and on the basis of contemporaneous import. However, in the absence of any evidence w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion value of the goods declared is ridiculously low, which of course the Assessing Authority has to justify, he must proceed to determine valuation of goods by following Customs Valuation Rules. The availability of evidence of contemporaneous import of the same goods obviously provides the best guide for determination of value of the import of goods but in the absence of evidence of contemporaneou ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
