COMMISSIONER OF CUSTOMS GEN MUMBAI Vs. ABDULLA KOYLOTH

JUDGEMENT

(1.) Challenge in this appeal, by the revenue, under Section 130E(b) of the Customs Act, 1962 (for short "the Act") is to the order dated 10th December 2004 passed by the Customs, Excise and Service Tax Appellate Tribunal, (for short "the Tribunal") whereby the appeal preferred by the respondent has been allowed holding that the assessable value declared by the respondent in the bill of entry should be accepted for the purpose of valuation in terms of Section 14 of the Act.

(2.) M/s. IPCO Enterprise, Thane, a proprietorship concern of the respondent imported a consignment of assorted consumer goods ranging from glass ware, hair dryers etc. to gas filled cylinders and refrigerant-22 gas (R-22). The bill of entry for the said goods was filed on 3rd May 2002, by M/s Vegha Shipping & Transport Pvt. Ltd. on behalf of M/s. IPCO Enterprise, whereby the total assessable value of the goods was declared at ' 6,75, 796.90/- with duty liability of ' 3,86,352/-.

(3.) On an examination of the bill of entry, invoice dated 17th April 2002, and packing list issued by one M/s. Plizer Trading, Dubai, certain discrepancies were noticed by the Central Intelligence Unit, and therefore, first check appraisement was ordered. Subsequently, 100% examination of the goods was carried out on 13th-14th May 2002, and it was found that there was mis-declaration with respect to country of origin, quantity and value of the imported items.