Law: Customs Act, 1969

Section: 25, 25A, 32, 197A, Ruling No. 624/2013

CUSTOMS ACT, 1969 (IV OF 1969)---Section 25---Any assessment on the basis of the retrieved invoice would be an assessment under Section 25(1) Le. the �transactional value�. Sections 25 & 25A---Prior to insertion of proviso in Section 25A in 2017, in existence of valuation ruling the consignment was imported, the value of goods cannot be determined under Section 25(1) by relying upon retrieved invoice from the container, rather the values determined and notified by way of Valuation Ruling under Section 25A would be applicable, and proviso was not applicable retrospectively.---The Tribunal has come to the conclusion that the assessment of goods ought to have been made as per Valuation Ruling No. 624 of 2013 and not on the retrieved invoice value and as a consequence thereof, fine and penalty has been remitted. It is not in dispute that for assessment of the goods in question, Valuation Ruling No. 624 of 2013 dated 23.12.2013 issued under Section 25A of the Customs Act, 1969, exists. The legal question has though, not been dealt with by the Tribunal in specific terms as it ought to have done; however, the conclusion drawn by the Tribunal raises a question of law that �whether the assessment of the goods is to be made on the basis of an invoice retrieved from the Container or as per Valuation Ruling issued under section 25A of the Customs Act, 1969�. Admittedly, the goods in question were imported prior to the insertion of this proviso in 2017 and, therefore, when a Valuation Ruling was in existence when the consignment in question was imported, the value of such goods cannot be determined under Section 25(1) of the Act by relying upon the retrieved invoice; rather, the values determined and notified by way of Valuation Ruling under Section 25A would be applicable. Since, the law is clear on this aspect of the matter, whereas, the proviso to section 25A of the Act, is not applicable retrospectively, therefore, no exception can be drawn to the findings given by the Tribunal; however, for our reasons as above, and not otherwise as concluded by the Tribunal. The questions proposed do not appear to be relevant except question No. 7 which requires rephrasing…

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