2003 (12) TMI 421 - AT - Customs

Summary

Issues:
- Valuation of export goods for the purpose of claiming drawback
- Allegations of overvaluation and penalties imposed

Valuation of Export Goods for Drawback Claim:
The case involved the appellant seeking to export brass nipples for stoves, declaring a value of Rs. 3,60,000/- at the rate of Rs. 12 per dozen C & F. The drawback rate was 22% of the FOB value. Market inquiries revealed discrepancies as the goods were priced much lower in the market compared to the declared value. The department alleged overvaluation by four times, seeking to claim more drawback than admissible. The original authority imposed a penalty of Rs. 10,000/- and reduced the drawback claim value to Rs. 3/- per dozen. The Commissioner (Appeals) upheld these findings, emphasizing the need for accurate valuation for drawback claims.

Allegations of Overvaluation and Penalties Imposed:
The department conducted market inquiries and found the market price of the goods to be significantly lower than the declared value by the appellant. The original authority rejected the price lists provided by the appellant, noting discrepancies and lack of evidence for the declared prices. The Commissioner (Appeals) upheld the penalties imposed, stating that over-invoicing for higher drawback is punishable. However, the penalty of Rs. 10,000/- was deemed excessive and unwarranted, leading to its setting aside by the Appellate Tribunal. The appeal was partly allowed, with the penalty being revoked.

In conclusion, the judgment focused on the accurate valuation of export goods for claiming drawback, highlighting the consequences of overvaluation and the penalties associated with such practices. The Tribunal emphasized the importance of transparency and consistency in pricing declarations for export goods to prevent misuse of drawback benefits.