Customs - Undervaluation - Proof of imports of identical goods at higher value not given to appellant - Assessment Order set aside; however SCN survives - SC
THE story started twenty years ago. The imported goods were provisionally assessed and allowed clearance on 17.9.1994.
A Show Cause Notice alleging undervaluation was given on 25.09.2000.
The First Authority adjudicated the case on 31.03.2001.
The Commissioner (A) allowed the appeal of the party on 08.08.2001
The Tribunal, on appeal by Revenue, remanded the case to the Commissioner (A) on 15.02.2002.
In the second round, the Commissioner (A) upheld the original adjudication order enhancing the value.
In the second round the Tribunal also upheld the O-in-O on 23.8.2005.
On appeal by the party, the Supreme Court decided the case last week.
This is not the end of the story.
Though the Supreme Court set aside the Tribunal's order and the original assessment order, it gave liberty to the Revenue to proceed against the appellants pursuant to the show cause notice dated 25.9.2000.
This time around it may take more than twenty years before some finality on the issue is reached in the Supreme Court.
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