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2014 (4) TMI 832 - HC - CustomsValidity of Assistant Commissioner order - Genuineness of the transaction value - Alternate Remedy - Procedure for appeals - Section 14 of the Customs Act, 1962 and the Customs Valuation (Determination of Value of Imported Goods) Rules, 2007 – Held that:- The impugned order is appealable - An assessment has to be finalised after considering provisions of the Act and the Rules - Norms issued by a department, as rightly asserted by counsel for the revenue, are merely guidelines - A guideline whether styled as a norm or an instruction, is framed for guidance and, therefore, cannot replace statutory provisions - The necessity to issue guidelines and instructions arises from the extremely complicated taxation regime which more often than not is incomprehensible even to experts - Norms, guidelines and directions cannot replace provisions of the statute or the Rules - Impugned order is admittedly appealable - The petitioner is relegated to the remedy of filing the appeal – Decided in favour of Appellants.
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