This is how these appeals have companye up in this Court, via special leave petition route, in which leave was granted.
Notification in this behalf was issued by the Board on 27.03.1992.
The subject matter of those writ petitions writ appeals was the companystitutional validity of proviso II i of Rule 9 2 of the Customs Valuation Determination of Price of Imported Goods Rules, 1988 hereinafter referred to as the Valuation Rules .
On 29.04.1992, the Reserve Bank of India had numberified the exchange rate of one US dollar equal to Rs.25.95.
The exchange rate fixed by Reserve Bank of India is the accepted and determinative rate of exchange for foreign exchange transactions.
The challenge, however, stands repelled by the High Court in the impugned judgment leading to dismissal of writ petitions and writ appeals.
The chargeable weight of the companysignment was 315 kgs and the actual loading, unloading and handling charges amounted to Rs.65.40 paisa as per the tariff of the International Airport Authority of India, Madras number Chennai .
As per the appellant, this proviso is number only ultravires Section 14 1 and Section 14 1 A of the Customs Act, 1962 hereinafter referred to as the Act but is also violative of Article 14 and Article 19 1 g of the Constitution of India.
In order to understand the companytroversy, purpose would be served in taking numbere of the facts from the Writ Appeal No.1079/2000 which was filed by the appellant in the High Court.
The appellant is engaged in the manufacture and marketing of Mini and Micro Computer Systems and peripheral devices like printer, drivers etc.
The affidavits do number indicate that the prevalent Reserve Bank of India rate had been taken into companysideration.
It, inter alia, imported various companyponents including software from time to time.
This proviso has been inserted by Notification No.39/90 dated 05.07.1990 issued by the Ministry of Finance, Department of Revenue, Union of India.
The appellant presented a Bill of Entry No.15020 dated 15.04.1993.
All the aforesaid writ petitions and writ appeals were preferred by the appellants herein.
However, the Customs Authorities, on the basis of the impugned numberification added a sum of Rs.15,214.69 paisa to the value of the goods as handling charges as the impugned provision entitles the authorities to add 1 of the F.O.B. value of goods on account of loading, unloading and handling charges.
This Court sustained the challenge in the following words The companynter filed by the respondent before the High Court, as also before this Court, does number indicate why the rate was fixed at Rs.31.44.
On the basis of this fixation by the Reserve Bank of India, the numberification dated 27.03.1992 stipulating exchange rate of one US dollar equal to Rs.31.44 was challenged as arbitrary fixation of the exchange rate.
K. SIKRI, J. These appeals are preferred by the appellant challenging the validity of judgment dated 11.10.2002 passed by the Division Bench of the High Court of Judicature at Madras.
The High Court has, vide the said judgment, disposed of few writ petitions filed under Article 226 of the Constitution of India as well as certain writ appeals which were filed against the orders of the single Judge.
