SAI SHAKTI ENTERPRISES Vs. COMMISSIONER OF CUSTOMS (IMPORT)

JUDGEMENT

(1.) Three interlocutory applications are before us, one seeking waiver of pre -deposit and stay of recovery in respect of duty and penalty amounts, another one seeking early posting of the appeal for hearing and the third praying for a direction to the Commissioner for provisional release of the goods, pending the appeal.

(2.) Having examined the records and heard both sides, we are of the view that, in the facts and circumstance of this case, the appeal itself needs to be disposed of at this stage. Accordingly, after dispensing with the requirement of pre -deposit, we take up the appeal.

(3.) The appellant had imported a consignment of Old/Used Photocopiers of various models as also components thereof and sought clearance of the goods by filing a Bill of Entry dated 5.11.2003, wherein the value of the goods was declared as Rs. 12,28,177/ - (CIF) based on the relevant invoice issued by the foreign supplier. The proper officer of Customs did not accept the declared value (transaction value) for the purpose of assessment of the goods. He enhanced the assessable value to Rs. 23,99,494/ - under Rule 8 of the Customs Valuation Rules 1988 on the basis of a chartered Engineer's Certificate dated 13.1.2004. The appellant, who wanted urgent clearance of the goods, waived show -cause notice and requested for an early disposal of the matter. They also pleaded for a lenient view in the matter. Accordingly, ld. Commissioner of Customs, after hearing the party, passed the following order: -