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TMI Blog2010 (12) TMI 1048X X X X Extracts X X X X X X X X Extracts X X X X ..... inc ash and Zinc skimming for manufacture of fertilizer. In the year 2006, when it filed bills of entry for clearance of the imported goods, the department did not allow clearance on declared value and vide order dated 30-5-2006, goods were released on provisional assessment at the rate of US$ 1000 per metric ton. As per interim order of this Court dated 15-6-2006 in CWP No. 9341 of 2006, considering the contention of the petitioner that provisional valuation was exorbitant, the goods were allowed to be cleared at the value of US$ 1000 per MT. The dispute being of recurring nature, CWP No. 16037 of 2008 was filed in this Court seeking regular assessment by speaking order as required under Section 17(5) and Section 18 of the Customs Act, 1962. The stand of the respondents was that the issue of fixation of norms was pending consideration and final assessment was to be made as per the norms which may be fixed by the Commissioner of Customs, Nhava Sheva. The petition was accordingly disposed of on 22-2-2008. Operative part of the order is as under :- "Learned counsel for the respondents submits that the issue is being considered by the Commissioner of Customs, Nhava Sheva for laying d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n relation to any imported goods, it shall be deemed that Transaction Values cannot be determined under the provisions of Sub Rule (1) of Rule 3. Rule 3(4) provides that if the value cannot be determined under the provisions of Sub Rule (1), the value shall be determined by proceeding sequentially through Rule 4 to 9. In the instant case, Rule 4 to 8 are not applicable. Thus assessable value cannot be determined under these Rules. Therefore, the same shall be determined under rule 9 of the Customs Valuation (Determination of value of Imported Goods) Rules, 2007 which provides "Subject to the provisions of rule 3, where the value of imported goods cannot be determined under the provisions of any of the preceding rules, the value shall be determined using reasonable means consistent with the principles and general provisions of these rules and on the basis of data available in India." As such, the parameters laid down by the Commissioner of Customs, Nhava Sheva being consistent with the principles and general provisions of the Rules, are legal and valid. These are based on the value of contemporaneous imports at the relevant time. These are being accepted for valuation of import of Z ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... : Valuation of goods. - (1) For the purposes of the Customs Tariff Act, 1975 (51 of 1975), or any other law for the time being in force, the value of the imported goods and export goods shall be the transaction value of such goods, that is to say, the price actually paid or payable for the goods when sold for export to India for delivery at the time and place of importation, or as the case may be, for export from India for delivery at the time and place of exportation, where the buyer and seller of the goods are not related and price is the sole consideration for the sale subject to such other conditions as may be specified in the rules made in this behalf : Provided that such transaction value in the case of imported goods shall include, in addition to the price as aforesaid, any amount paid or payable for costs and services, including commissions and brokerage, engineering, design work, royalties and licence fees, costs of transportation to the place of importation, insurance, loading, unloading and handling charges to the extent and in the manner specified in the rules made in this behalf : Provided further that the rules made in this behalf may provide for,- (i) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nbsp; xx 17. Assessment of duty. - (1) After an importer has entered any imported goods under section 46 or an exporter has entered any export goods under section 50 the imported goods or the export goods, as the case may be, or such part thereof as may be necessary may, without undue delay, be examined and tested by the proper officer. (2) After such examination and testing, the duty, if any, leviable on such goods shall, save as otherwise provided in section 85, be assessed. (3) For the purpose of assessing duty under sub-section (2), the proper officer may require the importer, exporter or any other person to produce any contract, broker's note, policy of insurance, catalogue or other document whereby the duty leviable on the imported goods or export goods, as the case may be, can be ascertained, and to furnish any information required for such ascertainment which it is in his power to produce or furnish, and thereupon the importer, exporter or such other person shall produce such document and furnish such information. (4) Notwithstanding anyt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ems fit for the payment of the deficiency, if any, between the duty finally assessed and the duty provisionally assessed. (2) When the duty leviable on such goods is assessed finally in accordance with the provisions of this Act, then - (a) in the case of goods cleared for home consumption or exportation, the amount paid shall be adjusted against the duty finally assessed and if the amount so paid falls short of, or is in excess of [the duty finally assessed], the importer or the exporter of the goods shall pay the deficiency or be entitled to a refund, as the case may be; (b) in the case of warehoused goods, the proper officer may, where the duty finally assessed is in excess of the duty provisionally assessed, require the importer to execute a bond, binding himself in a sum equal to twice the amount of the excess duty. [(3) The importer or exporter shall be liable to pay interest, on any amount payable to the Central Government, consequent to the final assessment order under sub-section (2), at the rate fixed by the Central Government under section 28AB from the first day of the month in which the duty is provisionally ..... X X X X Extracts X X X X X X X X Extracts X X X X
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