1989 (3) TMI 399 - HC - Customs

Customs under-invoicing ruling upheld under FERA 1973. Writ jurisdiction limits affirmed.

A. Tosh & Sons (P.) Ltd. Versus Asst. Collector of Customs and Ors.

The court dismissed the application and discharged the rule, upholding the Assistant Collector of Customs' conclusion of under-invoicing. The bid rate was ... - Issues Involved:1. Whether the Assistant Collector of Customs erred in concluding that there was under-invoicing.2. Whether the bid rate could be treated as the contract rate.3. Applicability of Section 18 of the Foreign Exchange Regulation Act (FERA) 1973 in case of misdeclaration.4. Scope of writ jurisdiction in reviewing the decision of the Assistant Collector of Customs.Issue-wise Detailed Analysis:1. Whether the Assistant Collector of Customs erred in concluding that there was under-invoicing:The Assistant Collector of Customs concluded that the exporter had under-invoiced the tea consignment. The adjudicating officer relied on the prices quoted in the telegram from the foreign buyer, considering them as the full export value. The petitioner contended that these prices were merely bid prices and not contract prices. However, the Assistant Collector rejected this argument, stating that the telegram did not indicate the prices as bid prices. The adjudicating officer held that the prices quoted in the telegram covered the tea cost price plus the exporter's profit and other charges, thus constituting the full export value. Consequently, any attempt to export at a lower price was seen as under-invoicing, violating Section 18(1)(a) of FERA 1973.2. Whether the bid rate could be treated as the contract rate:The petitioner argued that the bid rate specified in the telegram was not the contract rate but merely a ceiling price. They contended that the contract was completed when the foreign buyer's offer was reciprocated by the exporter's specific sale price quotation. The Assistant Collector, however, did not accept this distinction, treating the telegram prices as the contract prices. The court noted that the adjudicating officer's conclusion was based on the materials presented and that it was not within the court's writ jurisdiction to re-evaluate these factual determinations.3. Applicability of Section 18 of the Foreign Exchange Regulation Act (FERA) 1973 in case of misdeclaration:The petitioner argued that any misdeclaration or wrong declaration did not amount to 'no declaration' under Section 18 of FERA 1973. They relied on previous Supreme Court decisions, which held that incorrect declarations did not constitute a violation of the old Section 12(1) of the Foreign Exchange Regulation Act 1947. However, the court noted that the legal landscape had changed with the amendment of Section 12(1) and the introduction of Section 18(1) in FERA 1973. The new provisions required declarations to be true in all material particulars. Therefore, any incorrect declaration would violate Section 18, as it did not meet the statutory requirement of truthfulness in all material respects.4. Scope of writ jurisdiction in reviewing the decision of the Assistant Collector of Customs:The court emphasized that in its writ jurisdiction, it was not sitting in appeal over the decisions of subordinate authorities. The court could only interfere if the authority acted without jurisdiction, violated principles of natural justice, or if there was an error of law apparent on the face of the record. In this case, the court found that the adjudicating officer's decision was based on an appraisal of evidence and materials presented by the petitioner. The court held that any error, if present, was an error of fact and not of law. Therefore, the court refused to interfere with the adjudicating officer's decision, reaffirming that the scope of writ jurisdiction did not extend to re-evaluating factual determinations.Conclusion:The court dismissed the application and discharged the rule, holding that the Assistant Collector of Customs did not err in his conclusion of under-invoicing. The bid rate was treated as the contract rate, and the provisions of Section 18 of FERA 1973 were applicable in cases of misdeclaration. The court reiterated the limited scope of writ jurisdiction, emphasizing that it was not a forum for re-evaluating factual determinations made by subordinate authorities.