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2020 ] COURT-ROOM HIGHLIGHTS A33

Valuation (Customs) — Transaction value — Rejection and
redetermination thereof on establishing misdeclara-
tion thereof sustainable
The Supreme Court Bench comprising Hon’ble Mr. Justice A.M.
Khanwilkar and Hon’ble Mr. Justice Dinesh Maheshwari on 24-1-2020 dismissed
the Civil Appeal Diary No. 46307 of 2019 filed by Laxmi Enterprises against the
CESTAT Final Order No. C/A/50544/2018-CU(DB), dated 5-2-2018 as reported
in 2018 (361) E.L.T. 1054 (Tri. - Del.) (Laxmi Enterprises v. Commissioner). While
dismissing the appeal, the Supreme Court passed the following order :
“There is an inordinate delay of 623 days in filing this appeal and
moreover we are not inclined to interfere with the impugned order passed
[by] the Customs, Excise and Service Tax Appellate Tribunal. Consequent-
ly, the appeal stands dismissed on the ground of delay as well as on mer-
its.”
The Appellate Tribunal in its impugned order had held that misdeclara-
tion of Customs value in respect of past clearances made under 32 Bills of Entry
was established in view of recovery of certain invoices/commercial invoices per-
taining to goods imported from laptop and mobile phones during course of
search indicating procurement of goods from foreign supplier at significantly
higher prices than amount declared to department at time of filing Bills of Entry.
These facts and payment of money through extra banking channels were admit-
ted during investigations. Accordingly, adjudicating authority rightly rejected
transaction value of goods in terms of Rule 12 of Customs Valuation (Determina-
tion of Value of Imported Goods) Rules, 2007.
REPRESENTED BY : Mr. T.R.B. Sivakumar, AOR, Mr. Akhil Krishan
Maggu and Mr. Vikas Sareen, Advocates, for the Ap-
pellant.

Adjudication — Delay due to transferring matter to Call
Book — Vires of C.B.E. & C. Circular No. 162/73/95-
CX., dated 14-12-1995?
The Supreme Court Bench comprising Hon’ble Dr. Justice D.Y. Chandra-
chud and Hon’ble Mr. Justice K.M. Joseph on 27-1-2020 after condoning the de-
lay issued notice in Special Leave Petition (Civil) Diary No. 46086 of 2019 with
SLP (C) D. No. 46094 of 2019 filed by Union of India (Respondent being R.K.
Soap & Oil Traders) against the Judgment and Order dated 21-8-2019 of Punjab
& Haryana High Court in CWP Nos. 6862-6863 & 6865 of 2017 (Anil Kumar Soni
v. Union of India). While issuing the notice, the Supreme Court passed the follow-
ing order :
“Delay condoned.
Issue notice limited to the question as to whether Circular No.
162/73/95-CX., dated 14th December, 1995 issued by the Central Board of
Excise and Customs, Department of Revenue, Ministry of Finance, Gov-
ernment of India is in conformity/authorized by the provisions of Section
37B of the Central Excise Act, 1944 read with the relevant provisions of the
Central Excise Rules.

EXCISE LAW TIMES  1st April 2020  107