2013 (9) TMI 859

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.... Shampa Sarkar ORDER The petitioner has challenged the notification dated May 13, 2013 issued by the Director General of Foreign Trade in exercise of power under Section 5 of the Foreign Trade (Development & Regulation) Act, 1992 read with para 2.1 of the Foreign Trade Policy, 2009-2014 by which the CIF value was revised from Rs. 75/- to Rs. 110/- and above per Kg. According to the petiti....

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....t is further submitted that Section 46 of the said Act requires import of any goods to be made upon presentation of the bill of entry for home consumption and any omission or misdescription therein would be deemed to be 'prohibited goods' and the authorities have correctly issued the show cause notice upon the petitioners. The petitioner has brought to the notice of this Court the circular date....

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....ayment of the duty thereupon. The dispute, therefore, hinges whether the provisional duty is to be assessed on the basis of the tariff value fixed in the impugned circular dated 13th May, 2013 or on the basis of the latest circular dated 29th August, 2013. Sections 14, 15 and 18 of the Customs Act, 1962 provide the full mechanism for fixation of the tariff value, the rate of duty and its app....