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Judgment
V.P. Tipnis, J.—Heard both the sides. The petitioners challenge the inclusion of the landing charges and the inclusion of customs duty in the assessable value for the purpose of charging additional/countervailing duty on the goods imported by the petitioners.
Both the learned Counsel for the respective parties are agreed that so far as inclusion of landing charges and of the customs duty in assessable value for the purposes of charging additional/countervailing duty is concerned, the matter has been determined against the contention of the petitioners by a decision of a Division Bench of this Court in Ashok Traders Vs. Union of India and another, . As such, in view of the aforesaid Division Bench judgement, the petition will have to be dismissed so far as these two points are concerned.
So far as the challenge to proper classification is concerned, we are of the opinion that the petitioners can always agitate this issue before the appropriate authority as per the provisions of the Customs Act and this Court need not undertake that exercise.
For the aforesaid reasons, the rule is discharged with costs.
At the time of admission, there was an injunction in terms of prayer (c) restraining the respondents from inclusion of landing charges and customs duty in the assessable value on condition that the petitioners should execute a bond and furnish a guarantee from a Nationalized Bank for 100% of the disputed amount of duty in favour of the Collector of Customs. The petitioners have undertaken to pay interest at 12% per annum accrued year to year in case the petition fails. The interest was to be calculated from the date of clearance till the disputed amount is paid. The petitioners had undertaken to keep the Bank guarantee alive and renew the same from time to time till the final hearing and disposal of the petition and eight weeks thereafter. Accordingly, the aforesaid Bank Guarantee, if alive, shall be executed forthwith and the amount be paid over to the Collector of Customs. In case the Bank Guarantee is not alive or cannot be executed, we order and direct the petitioners to pay the entire amount along with interest at 12% per annum to the Customs authorities within one month from today.
Certified copy expedited.