ATMARAM AGARWALLA Vs. COLLECTOR OF CUSTOMS

JUDGEMENT

(1.) The petitioner has imported Polystyrene Resin General Purposes Lucky 15-NF (hereinafter referred to as - the said goods). The goods were imported pursuant to an order placed by the petitioner with a concern of Hongkong. The prices at which the said goods were purchased by the petitioner is claimed to be $ 1120 per MT. The goods were manufactured by Lucky Goldstar International Corporation, Seoul, Korea. The goods arrived in Calcutta on 16/17th February, 1991. On 15-2-1991 a bill of entry was filed in respect of the said goods. The bill of entry mentioned the said goods as Polystyrene Resin General Purposes Lucky 15-NF. The value of the said goods was stated as CIF $ 1120 per MT.

(2.) The Customs Authorities, however refused to release the said goods on the ground that the prices mentioned in the invoice was lower than the prevailing market price. The petitioner filed a writ application challenging the refusal of the Customs Authorities to accept the invoice value and also the refusal of the Customs Authorities to assess or release the goods. The said application was moved on 11-3-1991. An interim order was passed on 18-3-1991 to the effect inter alia that the Customs Authorities should assess the goods and pass an assessment order after hearing the petitioner.

(3.) An assessment order has been passed by the Customs Authorities in which the value of the said goods has been stated to be $ 1400 MT.