MOUNT INTERNATIONAL Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) CM No. 6898/2017 (for exemption) : Allowed, subject to all just exceptions.

(2.) The application stands disposed of. CUSAA 6/2017 and CM No. 6897/2017 (for stay)

(3.) The appellant/assessee is aggrieved by the order of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT), which remitted the matter for adjudication to the Commissioner of Income Tax (Appeals) [CIT (A)] to decide the issue on merits after providing reasonable opportunities to the assessee. The assessee had imported 53 consignments of Dendrobium Hybrid Fresh Orchid Cut Flowers and valued at US$ 0.03. The Customs Authorities enhanced the valuation to US$ 0.07 and thereafter omitted to pass any final order. The Commissioner in the first round set aside the order on the ground that the assessment was not finalized within 15 days period provided by Section 17(5) of the Customs Act, 1962 (for short 'the Act'). The Commissioner, contrary to the directions, delayed the completion of assessments. After the remand, the appellant, in view of the delay, claimed refund as a consequence of which the final order was made. This eventually was challenged before the CESTAT, which remitted the matter for adjudication. The appellant contends that the mandate of Section 17(5) of the Act was ignored and that the value ought to have been treated as final in view of the time limit prescribed.