COMMISSIONER OF CUSTOMS Vs. SAYEED HOSSAIN

JUDGEMENT

(1.) Delay of 7 days is condoned. These petitions for leave to appeal have been filed against the judgment and order dated October 31, 2000 in writ petition Nos.1981 and 5690 of 1997. The High Court Division by the aforesaid judgment has made the Rule obtained in the writ petitions absolute and has thereupon directed the Customs Authority to determine the normal value of the imported goods for the purpose of assessment of customs duty, VAT and other charts.

(2.) The writ petitioners in the respective writ petition opened Letters of Credit in between February 3, 1997 and June 11, 1997 to import 170 metric tons of HDPE Film Grade @ US 600 per metric ton and 160 metric tons of T. M. Compound @ US 700 per metric ton respectively. On arrival of the imported goods at the port the importers through their Clearing and Forwarding Agent submitted papers before the Customs Authority for assessment of Customs Duty and other levies on the basis of C & F Value but the Customs Authority directed to declare the value of the goods at the value, load value fixed earlier by the customs authority. The writ petitioners challenged the said action of the Customs Authority contending that there was no basis for fixing the value of the imported goods as termed by the customs Authority "load value".

(3.) The Rule was contested by the Respondents contending that the value, called 'load value' fixed by the customs was the result of determination of normal value through elaborate process.