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2017 (5) TMI 743 - HC - CustomsMaintainability of petition - case of assessee is that the cancellation of proceedings ab initio by the DGFT had been set aside in the appeal proceedings and this petition is not maintainable since the order of the Settlement Commission has been passed after scrutiny of evidence on record and taking into consideration the due submissions of the parties - jurisdiction to file appeal against order of Settlement Commission about after 7 years - Held that: - During the proceedings when the locus standi of the petitioner was questioned, they impleaded the Commissioner of Customs, ICD Tuglaqabad, which was allowed on 12.11.2013, about 7 years after the writ petition was filed. However, the same would not validate the filing of the petition when such powers were not specifically conferred upon the DRI. Therefore, in the absence of a specific jurisdiction of the petitioner to have preferred this writ petition against the order of the Settlement Commission, the writ petition would not be maintainable. Valuation - declared FOB, acceptable or not? - Held that: - the Court is of the view that in the absence of sufficient proof being led, Revenue's doubt about the FOB value of the goods cannot be sustained. It has not substantiated its contention that the exported goods were overpriced. Furthermore, there was nothing on record to conclude that there were business interests between Padmini and its importers in Singapore, United States and USA so as to doubt that the transactions between them were not in the normal course of trade or that it was not a transaction at arms’ length. Hence, the declared FOB would have to be accepted. Since Revenue has not led any evidence to indicate either a 'Hawala' transaction or a back flow of money to Padmini through illegal means regarding the value of the exported goods, the export transaction cannot be viewed with suspicion. There is no reason to interfere with the impugned order of the Settlement Commission - petition dismissed - decided against petitioner-Revenue.
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