LAKHDATAR TRADERS Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ Petitioner is a firm which entered into a Sales contract with Bangladesh Agro Growers and Processors Ltd., Bangladesh, for supply of processed Betelnuts (Arecanut) during the period January, 2012, to December, 2012. It appears that during the continuance of the contract, a notification was issued by the Customs Authorities, raising the floor price, which is higher than the price transaction value in terms of the contract.

(2.) The writ Petitioner is aggrieved by the Assessment Order dated 13th February, 2013, passed by the Assistant Commissioner of Customs, Import, Petrapole Land Customs Station, (LCS), provisionally assessing a consignment of Betelnuts at the rate of USD 1550 per metric tonne.

(3.) Ms. Malhotra, learned senior counsel appearing on behalf of the writ Petitioner firm, submits that the Assessment Order was bad on account of the fact that it ought not have covered the contract which had been arrived at between the Petitioner and the Bangladesh party before the Notification dated 14th August, 2012, came into force.