Valuation (Customs) — Misdeclaration — Reduction in price of machine at instance of appellants not sustainable

The Supreme Court Bench comprising Hon’ble Mr. Justice B.N. Kirpal and Hon’ble Mr. Justice K.G. Balakrishnan on 5-11-2001 dismissed the SLP (Civil) No. 18592 of 2001, filed by Howrah Mills Company Ltd. against CEGAT Order No. A-487/KOL/2001, dated 4-7-2001 and reported in 2002 (139) E.L.T. 599 (Tri. - Kolkata) (Howrah Mills Co. Ltd. v. Commissioner). While dismissing the SLP, the Supreme Court passed the following order :-

“No question of law is involved. The special leave petition is dismissed.”

The Appellate Tribunal in its impugned order had held that no specific reason being given by the foreign supplier for discarding the first valuation and adopting the subsequent lower price, reduction in price of imported machine contended by appellant was not sustainable.

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