BHAGYASHREE INTERNATIONAL Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) AFTER examining the records and hearing both sides, we are of the view that the appeal itself requires to be finally disposed of at this stage. Accordingly, after dispensing with predeposit and allowing the application for out -of -turn hearing, we take up the appeal.

(2.) THE appellants had filed a bill of entry dated 24.08.2007 for clearance of goods declared as 'adhesive coated rolls', imported from China. The declared quantity of the goods was 191 rolls (including 96 rolls of clear tapes and 95 rolls of brown tapes). The declared gross weight of these goods was 48,640 kgs. and the declared net weight was 48,067 kgs. The declared value was Rs. 3,98,948/ -. The first -check examination of the goods indicated the declarations to be correct. The subsequent detailed examination, which was undertaken in the wake of letter dated 16.07.2007 received from the Directorate of Revenue Intelligence, yielded the following results:

(3.) HOWEVER , in the present case, an assessable value was worked out merely on the basis of a letter of the DRI, which allegedly furnished the 'international price' of the goods. This exercise of the Commissioner has come under attack in this appeal. In this connection, learned consultant has relied on the Tribunal's decision in Commissioner of Customs, Jaipur v. Jaipur Times Industries , wherein enhancement of value of the goods imported by the asses see, based on a letter of the Directorate of Valuation, was set aside by the Tribunal after finding that there was no other material supporting such enhancement. Thus the appellants pray for setting aside the impugned order.