TaxTMI 
TaxTMI 
2010 (12) TMI 1246
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....ia. Though the appellants have presented the Bill of Entries for home consumption, the goods are not yet cleared for home consumption as the assessment is not yet complete, since there is dispute regarding valuation of the goods imported. 2. The brief history and background of the case is as follows: By notification dated 4th June, 2008 issued by the Director General of Foreign Trade purporting to be in exercise of the power under Foreign Trade (Development & Regulation Act), 1992 read with paragraph 2.1 of Foreign Trade Policy 2004-09, it was notified that 'Betel nuts' (whole) could be imported freely into India provided the cif value of the commodity is ₹ 35/- per kilogram and above. In other words, if the value of the impo....
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.... produce the necessary documents in support of their claim with regard to valuation of the goods, was not accepted by the first respondent. Therefore the appellants approached this Court by filing various Writ Petitions, seeking for a direction to the respondents to release the imported materials on the the basis of the provisional assessment. By judgment under appeal, the learned Judge of this Court disposed of the writ petitions declining to grant any direction for provisional assessment and issued certain further directions. The operative portion of the judgment is as follows: "7. In that view of the matter, the prayer sought to direct the respondents to provisionally assess the cargo of betel nuts imported by the petitioners cann....
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....), which stipulates that where the importer has produced all documents and furnished full information believed by him to be necessary and sufficient for the assessment of the duty, but the proper officer deems it necessary to make further enquiry for assessing the duty, the proper officer is authorised to make provisional assessment on condition that the importer furnishes such security as may be specified by the proper officer for securing payment of duty leviable on the imported goods/material. Statutory rules are framed regarding the method and manner in which valuation of the goods imported are to be made, known as Customs Valuation (Determination of Value of imported Goods) Rules, 2007. It may not be necessary for us to go into further....