THEKKAL TONY Vs. COMMISSIONER OF CUSTOMS, COCHIN

JUDGEMENT

(1.) THIS appeal arises out of and is directed against the impugned order dated 18 -6 -1999 passed by the Commissioner of Customs House, Cochin.

(2.) ƒArguing for the assessee, Shri Sundar Rajan submits that number of issues involved in this case including determination of valuation in respect of Cruiser Jeep 1998 model imported by the appellants. He said that the party has declared the value of car as on the date of importation at Rs. 9,02,556/ - as against this assessable value of the car. The assessable value was determined at Rs. 10,93,290/ - taking the basis as prevailing domestic price in Japan. He submits that the Commissioner grossly erred in determining the assessable value of the car based upon the domestic price in Japan which is not in accordance with the provisions of the Act and Rules. Furthermore he has not taken into consideration the market value of the car while determining the redemption fine under Section 125 of the Customs Act. He submits that on this ground alone the order passed by the adjudicating is liable to be set aside.

(3.) HEARD Shri Thomas who reiterated the findings given by the Commissioner in determining the assessable value.