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2015 (11) TMI 1456 - AT - CustomsValuation of the goods for export which are "football goalkeeper gloves" - Clim of duty drawback - Held that:- value needs to be arrived based upon cost of production of manufacture or processing of export goods, charges for design and an amount towards profit. In the case in hand, the revenue authorities though being made aware of the supplier of the goods which were exported, did not bother to check with the supplier to ascertain the correct value of the goods. In our considered view, jumping directly to provisions of Rule 6 of the Valuation Rules for ascertain value by residual method is not in consonance of the law inasmuch as it is settled law that to determine value of goods sought to be exported, the provisions of Valuation Rules should be applied sequentially. To our mind, the appellant have a case in their favour as they have demonstrated that the goods which were exported were procured from a credible supplier whose name address and VAT number were available. In the absence of any contrary evidence, we hold that the transaction value as declared by the appellant for claiming duty drawback is the correct value. - impugned order which upholds the re-determination of the value of the goods for export is incorrect and is liable to be set aside - Decided in favour of assessee.
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