Page 54 - ELT_1st August 2020_Vol 373_Part 3

(1) Valuation (Customs) — Overvaluation on import of
Colour TV Picture Tubes to evade Anti-dumping
Duty whether established?

(2) Demand — Extended period of limitation when
invocable
The Supreme Court Bench comprising Hon’ble Dr. Justice D.Y. Chandra-
chud, Hon’ble Mr. Justice Hemant Gupta and Hon’ble Mr. Justice Ajay Rastogi
on 28-5-2020 issued notice in the Civil Appeal Diary No. 6544 of 2020 filed by
Principal Commissioner against the CESTAT Final Order Nos. 71124-71125/2019,
dated 18-6-2019 as reported in 2020 (373) E.L.T. 415 (Tri - All.) (P.G. Electroplast
Ltd. v. Principal Commissioner). While issuing the notice, the Supreme Court
passed the following order :
“Issue notice on the application for condonation of delay, as also on
the Civil Appeal.”
The Appellate Tribunal in its impugned order had held that Revenue has
failed to substantiate charge of overvaluation on import of Colour TV Picture
Tubes from Malasiya with any independent corroborative evidence and that
mere Statements of persons whose cross-examination was not allowed in adjudi-
cation proceedings, cannot be made basis of overvaluation. The Tribunal further
held that assessment having been finalized at time of import cannot be re-opened
subsequently. In this case, Revenue had alleged overvaluation to evade Anti-
dumping Duty on aforesaid goods.
It was also held by Tribunal that extended period of demand cannot be
invoked as assessee had disclosed all required information to Customs at time of
assessment of Bill of Entry.
REPRESENTED BY : Mr. A.N.S. Nadkarni, ASG, Mr. B. Krishna Prasad,
AOR, Mr. Rupesh Kumar and Mr. Zoheb Hussain,
Advocates, for the Petitioner.

EXCISE LAW TIMES  1st August 2020  54
( A92 )