Law:

Section:

Customs Act (IV of 1969)--- ----Ss. 25 & 196---Determination of customs value of goods---Appeal to High Court---Collector of Customs, Sales Tax and Central Excise (Adjudication) ordered assessment of imported goods at the unit price of US $ 243 per set and ordered the importer to pay amount accordingly as duty/Taxes along with penalty and said order was maintained by Appellate Tribunal---Validity---Held, in the face of validity of transaction value of identical goods, it was not possible to approve deductive value in terms of subsection (7) of S.25 of Customs Act, 1969---Unit value of US $ 243 per piece, in circumstances, was correctly determined by Adjudicating Officer and was rightly maintained by Appellate Tribunal---View so expressed and finding so recorded had not been shown suffering from any illegality, rather it found support from subsection (10) of S.25 of Customs Act, 1969---No question of law having arisen to warrant interference by High Court under S.196 of Customs Act, 1969, appeal was dismissed. ORDER Order, dated 5-5-2003 passed by the Customs, Excise and Sales Tax Appellate Tribunal, Lahore whereby the appeal was partly allowed by reducing the penalty from Rs.1 lac to Rs.25,000 has been assailed through this appeal. The learned counsel for the appellant has been heard whose principal contention is that the report of the Enquiry Committee was unjustifiably ignored and discarded by the Customs Authorities and Tribunal; and that the valuation has been made on higher side by adopting incorrect criteria. On importation of goods "XSZ-107 BN Microscopes", 100 pieces from Shanghai China the appellant sought clearance of the consignment vide bill of entry No.3615, dated 14-5-2001 declaring the value thereof at US $37 per piece with the Customs Authorities. In view of the alleged under-valuation a show-cause notice was issued by the Adjudicating Officer proposing the assessment and recovery of Rs.6,86,754 as duty/taxes along with penal action. It was contested by the appellant. Vide order, dated 30-7-2001 the Adjudicating Officer directed the Additional Collector of Customs to finalize the value ascertained in terms of section 25 of the Customs Act,…

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