VidhiSangh

Supreme Court of India · 22/04/2019

ANIL KUMAR ANAND versus COMMISSIONER OF CUSTOMS (PREVENTIVE)

[2019] 6 S.C.R. 225 · 2019 INSC 552

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Summary

Customs revaluation of twenty-one decorative-lighting consignments was set aside because the authorities bypassed the prescribed sequence of valuation methods. Comparable import data was available, and the asserted importance of the trademarks could not justify ignoring imports under the same marks from unrelated suppliers. Rules 3 to 5 had to be exhausted before resort to later methods. The matter was remanded for fresh determination, with the importers’ other lawful pleas left open.

Issues

  1. Whether Customs could bypass transaction-value and comparable-goods methods in favour of later valuation methods.
  2. Whether trademarks and the alleged related-party relationship justified disregarding available import comparisons.
  3. Whether concurrent findings insulated the assessment from interference.

Provisions considered

Held

Result

Appeals allowed, parties to bear their own costs. Commissioner and CESTAT orders set aside; matter remitted to the Principal Commissioner for fresh determination applying the valuation methods sequentially and considering other lawful pleas.

Judgment PDF: Supreme Court of India, [2019] 6 S.C.R. 225.