2003 (157) E.L.T. 625 (S.C.)

IN THE SUPREME COURT OF INDIA

 

Ruma Pal and Ashok Bhan, JJ.

PUNJAB PROCESSORS PVT. LTD.

 

Versus

 

COLLECTOR OF CUSTOMS

 

Civil Appeal Nos. 2621-2622 of 1996, decided on 4-9-2003

 

Valuation (Customs) - Import value - Invoice value whether can be taken as basis for calculating import value - Customs authorities while assessing value of import are not bound by the figure mentioned in the invoice and can rely on contemporaneous evidence to show that the invoice value is not the correct value - Section 14 of the Customs Act, 1962. [para 2]

 

Appeals dismissed

[Order]. - The only issue in these appeals is whether the Customs authorities could have taken the invoice value as the basis for calculating the import value for purposes of customs duty. According to learned Counsel appearing on behalf of the appellant, the Tribunal had erroneously held that the appellant had not produced the evidence to show that the value of the imported goods was lower than the invoice. The application for rectification for correcting the “error” was also rejected by the Tribunal on the ground that it did not have the power to review. The appeals have been preferred from both these decisions.

 

2.It is not  necessary for us to decide the question whether the Tribunal had the power to rectify the “error” because we are of the view that the original order passed by the Tribunal was correct. While the Customs authorities while assessing the value of the import are not bound by the figure mentioned in the invoice and the Customs authorities can rely on contemporaneous evidence to show that the invoice is not the correct value, the importer can hardly be heard to say that its invoice value did not represent the correct value of the imported goods.

 

3.The appeals  are accordingly dismissed but without any order as to costs.