TMI Blog1991 (3) TMI 153X X X X Extracts X X X X X X X X Extracts X X X X ..... l of entry mentioned the said goods as Polystyrene Resin General Purposes Lucky 15-NF. The value of the said goods was stated as CIF $ 1120 per MT. 2. The Customs Authorities, however refused to release the said goods on the ground that the prices mentioned in the invoice was lower than the prevailing market price. The petitioner filed a writ application challenging the refusal of the Customs Authorities to accept the invoice value and also the refusal of the Customs Authorities to assess or release the goods. The said application was moved on 11-3-1991. An interim order was passed on 18-3-1991 to the effect inter alia that the Customs Authorities should assess the goods and pass an assessment order after hearing the petitioner. 3. An a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and the same two instances of Lucky's G.P.P.S. 15 N.F. Polystyrene relied upon by the Customs Authorities. Therefore, if there is a difference between Lucky's G.P.P.S. 15 N.F. Polystyrene and other General Purpose Polystyrene Resins 15 N.F. except for the two instances which are common with the Customs print out, the petitioner has not been able to show any other instances of identical goods such as the petitioners being imported and released by the customs at the invoices value. However, this court is not in a position to determine at this stage whether there is a distinction in fact between Lucky's G.P.P.S. 15 N.F. Polystyrene and General Purpose Polystyrene Gr. 15 N.F. 7. The petitioners have also produced an invoice dated 30-10-1990 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n value. If the transaction value cannot be determined the value is required to be determined by proceeding sequentially through Rule 5 to 8 of the Rules. 10. Rule 2(f) provides that "transaction value" means the value determined in accordance with Rule 4 of these rules. Rule 4(1) provides that the transaction value of imported goods shall be the prices actually paid or payable for the goods when sold for imports to India adjusted in accordance with the provisions of Rule 9 of the Rules. 11. Rule 4(2) provides that the transaction value shall be accepted subject to certain exceptions which are not applicable in this case. 12. Rule 5 deals with the transaction value of identical goods. Rule 6 deals with transaction of similar goods. Ru ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... said goods was the value mentioned in the invoices. 15. Therefore in my view in this background and in this state of the facts interference with the assessment order under Article 226 is not justified. Therefore, I dispose of this writ petition by granting liberty to the writ petitioner to prefer an appeal from the assessment order. The petitioner will be at liberty to argue on all points including those taken in the writ petition. Liberty however is also given to the petitioners to clear the said goods upon furnishing a bank guarantee for the entire amount covering the difference between the admitted Customs duty and the Customs duty as assessed by the respondents. 16. If the writ petitioners furnish such bank guarantee the respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X
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