NAVEEN JAIN Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) THIS is an application for reference under Section 130A of the Customs Act, 1962 (in short 'the Act') - Following are the questions proposed, describing them as questions of law : '1. Whether the Customs Authorities have the jurisdiction to arraign the applicant on the charge of inflating the value of the goods, admittedly exempted from Customs duty, considering the express provisions of Rule 1(3) of the Customs Valuation (Determination of Price of Imported Goods) Rules, 1988 ?

(2.) WHETHER the Customs Tribunal has misinterpreted and misconstrued Section 111(m) of the Customs Act, which must qualify the condition imposed by Rule 1(3) cited above, before it is applied ?

(3.) WHETHER Section 111(m) has no application de hors Rule 1(3) of the Rules cited above ?