9911796707
TMI Blog1996 (5) TMI 274X X X X Extracts X X X X X X X X Extracts X X X X ..... licence. On 13-3-1985 the licensing authority issued a licence subject to three conditions, namely, that there shall be no amendment in price and other terms of the agreement, that the contract should be valid for shipment of goods on the date of issue of licence and the licence should be subject to the provisions given in Paragraph 73(3) of the Import and Export Policy, 1984-85 Volume I. Import was effected in six different consignments in October, 1987 purportedly at the contract price US $ 200 PMT CIF. The invoice price was accepted and duty assessed. Appellant paid the duty and cleared the goods. Thereafter they filed refund claim in respect of the consignments contending that the ruling price in international trade of Dried Copra at th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... though, the ruling price was only US $ 200 PMT. This appears so amazing and contrary to commonsense that the lower authority should have investigated this aspect of the matter. If investigation had revealed, as a matter of the fact, that the appellant did not pay the price of US $ 570 PMT but paid a lesser price that should amount to violation of licence condition. The question of refund would not arise, since status quo regarding confiscation and redemption cannot be restored. If, on the other hand, the appellant had actually paid the price at the rate of US $ 570 PMT CIF, the import will be valid inasmuch as the condition of the licence had been satisfied. But, in such a case, valuation for the purpose of assessment would have to be gover ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of comparable imports, the Customs House could have traced out such prices from the canalising agency which was functioning at that time.
3. The other ground urged against the appellant, namely, no objection was raised at the time of assessment is neither here nor there since refund is claimed under Section 27 of the Customs Act, 1962. The view taken that Section 14 of the Act was inoperative in these cases, is not in accordance with the law.
4. For the reasons indicated above, we set aside the impugned order and remand the case to the Jurisdictional Commissioner for de novo disposal for the refund claims in accordance with law and in the light of the observations contained in this order. Appeals are accordingly allowed. X X X X Extracts X X X X X X X X Extracts X X X X
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