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Supreme Court of India

M/S COMMERCE INTERNATIONAL versus COLLECTOR OF CUSTOMS

Decided
29 March 1995
Judges listed
R.M. SAHAI, S.C. SEN (as the open data lists them; this may not name the whole bench)
Disposal
Dismissed

Citations

Official
[1995] 3 S.C.R. 69 · 1995 INSC 230

Cited by

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The Court's text

Paragraphs from our copy of the Supreme Court Reports print, with the Court's own paragraph numbers, the printed page and, where printed, the margin letter. The Court did not number this judgment's paragraphs, so they are listed by page. Link to paragraph N with #para-N.

Unnumbered paragraph

The only question that arises for consideration in this appeal is whether the Tribunal was justified in applying Rule 3(b) of the Customs Valuation Rules framed under Section 14 of the Customs Act.

p. 70

Unnumbered paragraph

The appellant filed a Bill of Entry for clearance of 125 cartons of toners declaring the value of the goods at a particular amount on the basis of invoice-cum-value and country of ongin certificate issued by M/s. Sangill

p. 70

Unnumbered paragraph

Ltd. Since the seller was not a manufacturer the Department required the appellant to furnish the price list of the goods under import but the appellant instead of filing the price list stated that they had purchased the goods from a trading company which was not willing to reveal the sol!rce of supply. Consequently, the Department obtained export price list from M/s. Coates Electrographics Limited. After examining the price list of Mis

p. 70

Unnumbered paragraph

Coates Electrographics Ltd., the Collector was of the opinion that it was a case in which rule 3(a) could not be applied. Therefore, he proceeded to determine the value under rule 3(b) and on the price list supplied by the manufacturer the valuation of the toner imported by the appellant was determined. It was held that the value of the goods when compared with

p. 70, margin D

Unnumbered paragraph

manufacturer's price list was much below the nonnal price in the international market. The goods were directed to be confiscated with an option to clear on Rs. 8 lakhs. Penalty of Rs. 1000 was also imposed. Against this order the appellant approached the Tribunal. The Tnbunal found that the Collector did not commit any error in applying rule 3(b) but reduced the redemption fine from Rs. 8 lakhs to Rs. 5 lakhs. The penalty of Rs. 1,000 was maintained.

p. 70, margin E

Unnumbered paragraph

Section 14(1)(b) of the Customs Act empowers the appropriate authority to determine the value of the imported goods in accordance with provisions contained in rules 3 to 8. Rule 3(a) provides for determination

p. 70, margin F

Unnumbered paragraph

of value of such goods, with comparable goods produced or manufactured and ordinarily sold or offered for sale to other buyers in India under competitive conditions. Rule 3(b) permits the proper officer to determine A valuation on the export price at which such goods or comparable goods are ordinarily sold or offered for sale under competitive conditions to huyers outside India. The determination under rule 3 (b) could be undertaken if the valuation could not be determined under clause (a). The authorities found that in the nature of goods imported by the appellant the valuation of it could not be determined under rule 3(a). Therefore, rule B 3(b) was rightly invoked. And the determination having been done on comparable goods offered for sale in competitive conditions in countries outside India the order does not suffer from any error of law. The Tribunal further did not commit any error in relying on the price list supplie4 by the manufacturer as compared to trading company which refused to C diwlgc the name of the mannfacturer.

pp. 70–71, margin F

Unnumbered paragraph

In the result, this appeal fails and is accordingly dismissed. But there shall be no order as to costs. T.NA Appeal dismissed.

p. 71