SUNNY ENTERPRISES Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) Sunny enterprises, the respondent to this appeal by the Commissioner, imported resins of Chinese origin at a declared price of US 1496 cif per ton of the value. The Assistant Commissioner was of the view that the value was too low and after considering the cause shown by the importer, since he found that quotation offer dated 16.3.1998 of Capital Glass International Ltd, Himgiang indicated the price of 2560 per ton of such resins and there was a practice in Mumbai Custom House enhancing the value of 1730 per ton. He therefore was of the view that there was reasonable doubt justifying recourse to the determination of Rule 10(a) of the Valuation Rules. He therefore determined the price at 2300 per ton based upon the reported market price of the goods of 250 per kg and allowing various deductions on accounty of profit, expenses etc.

(2.) The importer appealed this order. The Commissioner (Appeals) relies upon quotation and offer of the Additional Commissioner was misplaced and that it was a practice in the Mumbai Custom House to clear similar goods at the provisional price of US1730 per ton. He therefore ordered provisional assessment of the goods pending further verification/investigation. This order is against the order of the Commissioner (Appeals).

(3.) The ground in the appeal is that the Commissioner (Appeals), by applying Rule 10 (a) of the Valuation Rules should have upheld the price determined by the Additional Commissioner and ought not to have been considered fresh evidence submitted by the importer. It is also contended that the Commissioner (Appeals) has no authority to order provisional assessment.