SHRI GANESH OVERSEAS V. COMMISSIONER 2003 (152) E.L.T. A269 (S.C.)

 

Valuation (Customs) — Misdeclaration of value — Transaction value rejectable when no evidence in support of value produced and importer disowned the transaction when he was the de facto importer (2) Penalty — Misdeclaration of value — Penalty imposable even when goods provisionally assessed

 

The Supreme Court Bench comprising Hon’ble Mrs. Justice Ruma Pal and Hon’ble Mr. Justice Ashok Bhan on 7-10-2002 dismissed the Civil Appeal Nos. 6121-6123 of 2002 filed by Shri Ganesh Overseas & Ors. against the CEGAT Order Nos. 207-209/2002-A, dated 28-5-2002 and reported in 2002 (150) E.L.T. 145 (Tri. - Del.) (Shri Ganesh Overseas v. Commissioner).

 

The Appellate Tribunal in its impugned order had held that the transaction value was ridiculously low and was to be rejected and the value of contemporaneous imports adopted when the importer instead of producing satisfactory evidence in support of the declared value, disowned the transaction and stated that he was holding himself as the importer at the behest of another person.

 

The Tribunal further imposed the penalty on the importer for abetting the commission of the offence of misdeclaration and held that penalty was imposable in case of misdeclaration even when goods were provisionally assessed.

[Shri Ganesh Overseas v. Commissioner - 2003 (152) E.L.T. A269 (S.C.)]