2016 (9) TMI 1670

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....he final assessment and complete the same within a reasonable period in respect of the transactions indicated in the chart under Annexure-2. 2. Mr. Mishra, learned Sr. Standing Counsel for the Customs Department submits that in Annexure-2, the petitioner has indicated a total of 12 transactions. Insofar as transaction Nos. 1 to 11 are concerned, learned Standing Counsel for the Department fairly admits that the assessment made by the Department, has been made without affording any opportunity to the petitioners to provide documentary evidence nor participated in any hearing nor any communication of such determination has been sent to the petitioners. 3. But, insofar as transaction No. 12 (i.e. PACIFIC RICH, 000158/IOF/10-11, 02.07.2010, 2....

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.... time specified in the bond, the Assistant Commissioner of Customs or Deputy Commissioner of Customs shall cancel the bond as discharged in full and shall, on demand, deliver it, so cancelled, to the person who has executed or who is entitled to receive it; and in such a case that person shall not be liable to any penalty provided in this Act or, as the case may be, in such other law for the contravention of the provisions thereof relating to the doing of that thing. (3) If the thing is not done within the time specified in the bond, the Assistant Commissioner of Customs or Deputy Commissioner of Customs shall, without prejudice to any other action that may be taken under this Act or any other law for the time being in force, be entitled ....

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....ine the value of the goods in terms of Customs Valuation (Determination of Value of Export Goo ds) Rules, 2007. In no case, shall a price based upon the average of the two test reports be accepted for the purposes of arriving at the assessable value. 5. It is contended on behalf of the petitioners that in none of the 12 transactions have any opportunity been afforded to the petitioners to participate in any hearing leading to any final assessment or determination of the export value for the purpose of arriving at the conclusive expert value and determination of the duty payable thereon. 6. On perusing the writ application as well as the documents appended thereto and in particular Sections 14 & 143 of the Customs Act, 1962, we are of the ....