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Issues: Whether the Court should interfere under Article 226 with the adjudication order imposing penalty under the Customs Act, 1962 and the requirement of a 7.5% pre-deposit for the appeal.
Analysis: The challenge to valuation and the complaint that the Customs Valuation (Determination of Value of Imported Goods) Rules, 2007 were not followed were held to be matters that could be urged before the appellate authority. The appellate forum was considered competent to examine alleged illegality or irregularity in valuation and, if warranted, to remand the matter. On the facts recorded by the adjudicating authority, the declaration in the bill of entry was found to be materially different from the goods actually imported, which weakened the request for writ interference.
Conclusion: Interference in writ jurisdiction was declined and the petition was dismissed.
Ratio Decidendi: Where the statutory appellate authority can examine the legality of the adjudication and grant appropriate relief including remand, writ interference under Article 226 is not warranted.