1981 (9) TMI 131 - HC - Customs

Government order on customs liability upheld; valuation challenge rejected based on business history, evidence. Real value determined, compliance affirmed.

The Court upheld the Government of India's order confirming liability for confiscation and personal penalty under the Sea Customs Act. The petitioner's ... Penalty - Mis-declaration of the goods was a `mis-statement' Issues:1. Challenge against the order in revision by the Government of India regarding liability for confiscation and personal penalty.2. Allegation of mis-declaration of goods' value and contravention of Section 30 of the Sea Customs Act, 1878.3. Interpretation of mis-statement in Section 167(37)(c) and imputation of knowledge in value declaration.4. Determination of real value under Section 30 and reliance on sale notes and invoices.5. Compliance with Section 30 in the valuation process.Analysis:The writ petition challenged an order in revision by the Government of India confirming the Central Board of Excise and Customs' decision regarding liability for confiscation and personal penalty. The petitioner imported art-silk fabrics under a trade control license, declaring a value that differed from the assessed value by the Customs authorities. The petitioner claimed lack of knowledge regarding the value determined by the Collector and argued that the valuation was based on improper grounds. The petitioner contended that an oral contract with a Malaysian firm influenced the declared value, denying knowledge of transactions between other involved parties.The Court analyzed the requirement of knowledge for mis-statement under Section 167(37)(c) and imputed knowledge based on the petitioner's business history and documentary evidence. The Court found that the petitioner's acknowledgment of the Japanese origin of the goods indicated awareness of the transaction details, rejecting the claim of lack of knowledge. The Court upheld the mis-statement of value due to the petitioner's implied knowledge derived from the invoice contents and business relationships. The evidence presented by a witness regarding the real value of the goods was accepted as unchallenged by the petitioner, leading to the conclusion that the declared value was incorrect.Regarding the determination of real value under Section 30, the Court addressed the petitioner's argument that the department should have conducted a market inquiry to ascertain the wholesale price. The Court found that the reliance on sale notes and invoices was appropriate for valuation purposes, dismissing the petitioner's contention that a market inquiry was necessary. The Court emphasized that even if the invoice with a lower price was considered, it still exceeded the declared value, satisfying the requirements of Section 30. Ultimately, the Court dismissed the writ petition, upholding the Central Government's order and ruling in favor of the Customs authorities, emphasizing compliance with the relevant legal provisions in the valuation process.