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2010 Supreme(SC) 616

T.S.THAKUR, D.K.JAIN
Pernod Ricard India (P) Ltd. – Appellant
Versus
Commnr. of Customs, ICD Tughlakabad – Respondent


Advocates appeared:
For the Appearing Parties: B. Bhattacharya, ASG, V. Lakshmi Kumaran, R. Parthasarthy, L. Badri Narayan, Alok Yadav, M.P. Devanath, Rupes Kumar, Arijit Prasad, Debashis Mukherjee, Satish Agarwal, Ajay Singh, Nishant Patil,
B.K. Prasad, Mrs. Anil Katiyar, R. Parthasarthy, Advocates.

Judgment :-

D.K. Jain, J.

These two appeals under Section 130E of the Customs Act, 1962 (for short "the Act") by the importer (hereinafter referred to as "the appellant") (C.A. No. 5840 of 2008) as well as by the revenue (C.A. No. 1110 of 2009) arise from the final order dated 25th June 2008, passed by the Customs, Excise and Service Tax Appellate Tribunal, Principal Bench, New Delhi (for short "the Tribunal"), in Custom Appeal No.559 of 2006. By the impugned order, while upholding the decision of the Commissioner of Customs in determining the value of the "Concentrate of Alcoholic Beverages" ("CAB" for short), imported by the appellant, under Rule 6 of the Customs Valuation (Determination of Prices of Imported Goods) Rules, 1988 (for short "the 1988 Rules"), the Tribunal has directed the jurisdictional Commissioner to redetermine the customs duty liability of the appellant after making certain adjustments in the manner indicated in the order.

2. As both the appeals call in question the same order, these are being disposed of by this common order.

3. The case has had a chequered history and, therefore, in order to appreciate the controversy, it would be necessary to narrate the fact















































































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