1. ' This constitutional petition has been preferred by the proprietor of Messrs T.N. International to assail the action of respondents, whereby the consignment of the petitioner has been assessed at US $ 2063.88 on the basis of Valuation ruling bearing No, 342, dated 20-7-2005, as against the declared value of US$ 1127.94.
2. ' The submission of the learned counsel for the petitioner is that the course followed by respondents Nos. 1 and 2 in assessing the value of the goods of the petitioner is not warranted by law, i,e, section 25 of the Customs Act, 1969 and further no opportunity of hearing was afforded to the petitioner to rebut the claim of the respondents Nos.1 and 2 as regards correct valuation of the imported consignment.
3. After hearing the learned counsel for the parties at some length, with their consent, we dispose of this petition in the following terms:--
(a) Upon payment of customs duties, sales tax etc. On the imported consignment at the declared value of US$ 1127.94 and furnishing of bank guarantee with the respondent No,1 for the differential amount as per the value of the consignment assessed by them, i,e, US$ 2063.88, the disputed consigiument of the A petitioner will be released by the respondents within one week from the date of this order.
(b) The concerned respondent/officer of customs will afford proper opportunity of hearing to the petitioner before determining the final valuation of the goods involved in the imported consignment of the petitioner.
(c) After passing of final order, it will be open for the aggrieved party to follow further remedy under the Customs Act, 1969, in accordance with law.