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2005 (12) TMI 116 - HC - CustomsWaiver of pre-deposit – Valuation – undervaluation - The Commissioner of Customs (Appeals), Delhi by an interim order, impugned in this writ petition, passed under Section 129-E of the Customs Act, 1962 directed the petitioner to pre-deposit a sum of Rs. 5 crores, while waiving the remainder of the duty amount held recoverable from it. Dissatisfied with the said order, the petitioner has filed the present writ petition and prayed for a complete waiver of the pre-deposit. – Held that: - That is not only because some of the invoices raised by the seller company show the value of the goods as 0% of GPL but also because the value varied over a long range between 10% to 90% of the value shown in the GPL. The Commissioner has, keeping those circumstances in view, found that almost 70% of the invoices raised to unrelated buyers were at a price ranging from 52% to 69% of GPL. It was on that broad and prima fade basis that the Commissioner arrived at a pre-deposit figure of Rs. 5 crores which represents almost 50% of the total duty amount demanded from the petitioner. There is neither any illegality nor any perversity in that line of reasoning to call for interference by this Court.
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