SHAKUN OVERSEAS LIMITED Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) These batch of appeals, preferred at the instance of the assessees, arise out of the order of the Customs, Excise and Gold (Control) Appellate Tribunal. This Court, by order dated 30.3.2012 admitted these Civil Miscellaneous Appeals, on the following substantial questions of law:

(2.) The appellants herein are importers of mulberry raw silk. The appellants filed their Bill of Entry in respects of their imports along with the documents to show that the declared price was in terms of the transaction value. However, the said valuation was not accepted by the Authorities. With the result, the assessees paid the enhanced value under protest and the goods were cleared. Thereafter,the assessees preferred appeals before the Collector of Customs (Appeals). After taking into consideration the various materials placed by the assessees, the first Appellate Authority, by order dated 30.9.1992, allowed the appeals. Aggrieved by the same, the Revenue preferred appeals before the CEGAT. The Tribunal, by order dated 01.8.1997, set aside the order of the first Appellate Authority and remanded the matter back to the original Authority for de novo consideration.

(3.) Aggrieved by the said order of remand, the assessees preferred Writ Petitions before this Court in W.P.Nos.15621 and 15622 of 1997. By order dated 02.02.1998, this Court allowed the Writ Petitions directing the Tribunal to decide the case afresh.