Page 26 - ELT_15th June 2020_VOL 372_Part 6th
P. 26

xxiv                        EXCISE LAW TIMES                    [ Vol. 372
                                     Valuation (Customs) (Contd.)
                                     — Revaluation - Misdeclaration based on presumed relationship between
                                        exporter and importer indicated in  investigation report - It is  not
                                        sufficient for revaluation,  especially where relationship has not been
                                        tested on Rule 2(2) of Customs  Valuation (Determination of  Value  of
                                        Imported Goods) Rules, 2007 - In  such case, revenue cannot invoke
                                        Sections 111(m), 112 and 114AA of Customs Act, 1962 — S. Muthusamy v.
                                        Addl. Director General (Adj.), D.R.I., Mumbai (Tri. - Mumbai) ................ 849
                                     Value  adopted for  redemption of confiscated goods is not  relevant for
                                        imposing penalty - See under PENALTY  ..................... 849
                                     Vessels drawings, valuation thereof - See under VALUATION (CUSTOMS) ... 849
                                     Writ jurisdiction - Aggrieved party against Settlement order - DRI having
                                        seized goods and issued show cause notice which is yet  to be
                                        adjudicated, is an aggrieved party against order of Settlement
                                        Commission - Writ jurisdiction invocable - Article 226 of Constitution of
                                        India — Principal Additional Director General, DRI v. Customs, Central Excise and Service
                                        Tax Settlement Commission (Del.) ............................. 840
                                     — Territorial  jurisdiction -  Notwithstanding that goods were imported in
                                        allocation under Punjab & Haryana High Court, since Settlement order
                                        under challenge has been  passed by quasi-judicial  authority’s  Delhi
                                        Principal Bench, Delhi High Court has territorial jurisdiction to entertain
                                        writ petition - Article 226  of Constitution of India —  Principal Additional
                                        Director General,  DRI v. Customs, Central  Excise and Service Tax Settlement Commission
                                        (Del.)   ......................................... 840

                                                                      _______



































                                                          EXCISE LAW TIMES      15th June 2020      26
   21   22   23   24   25   26   27   28   29   30   31