TaxTMI 
TaxTMI 
2024 (9) TMI 1865
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.....05.2021 that has allowed the six appeals filed by M/s Shiv Ganesh Exim Pvt Ltd. [the respondent] 2. It transpires that six Bills of Entries were filed by the appellant in respect of import of Aluminium Scrap and Zinc Die Cast Scrap. The respondent self-assessed the duty, but the Assessing Officer prima facie did not accept the value and put a query to the respondent that the value of the aluminium scrap did not match the contemporary import data. The respondent was, therefore, asked to submit evidence in support of the accuracy of the price declared in the Bills of Entry. 3. The respondent submitted a reply to the aforesaid query and pointed out that the price declared was true and correct and that in case the Assessing Officer wante....
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....n (5) of section 17 of the Customs Act, 1962 [the Customs Act] for passing a speaking order within 15 days from the date of re-assessment of the Bill of Entry. Learned counsel, therefore, submitted that no useful purpose will be served by remanding the matter to the assessing officer and the six appeals filed by the department would have to be dismissed. 9. We have considered the submissions advanced by the learned authorised representative appearing for the department and the learned counsel for the respondent. 10. Section 14 of the Customs Act deals with 'valuation of goods' and is reproduced below: "Section 14. Valuation of goods. - (1) For the purposes of the Customs Tariff Act, 1975 (51 of 1975), or any other law for the....
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.... this purpose, examine or test any imported goods or export goods or such part thereof as may be necessary. Provided that the selection of cases for verification shall primarily be on the basis of risk evaluation through appropriate selection criteria. (3) For the purposes of verification under subsection (2), the proper officer may require the importer, exporter or any other person to produce any document or information, whereby the duty leviable on the imported goods or export goods, as the case may be, can be ascertained and thereupon, the importer, exporter or such other person shall produce such document or furnish such information. 4) Where it is found on verification, examination or testing of the goods or ....
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....by the assessing officer for enhancement of the value would be rendered futile and the transaction value mentioned by the respondent in the Bills of Entry would have to be taken as correct. 15. The Commissioner (Appeals) should have simply addressed this legal position flowing from the absence of a speaking order, but it transpires from a perusal of the order that the Commissioner (Appeals) imagined certain grounds on which the assessing officer could have enhanced the value and dealt with such grounds elaborately. This exercise was really not required to be undertaken by the Commissioner (Appeals) as he simply had to accept the transaction value for the reason that a speaking order was not passed within 15 days from the re-assessment of....