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2016 (11) TMI 85 - CESTAT MUMBAIOvervaluation of goods - declared value of the goods exported as US $ 1750 & US $ 4700 for export of men’s socks and men’s briefs respectively, as against the value of US $ 875 and US $ 2350 respectively declared before the Dubai Customs Authorities - Held that: - the FOB value declared by the appellant in respect of Men’s shocks and Men’s briefs works out in terms of ₹ 17/- per piece of briefs and ₹ 13.30 per pair of shocks. This fact is recorded by the adjudicating authority in his findings. These findings are not disputed by the lower authorities before the Commissioner (Appeals). The entire case of Revenue was that the appellant had raised another set of invoices, which indicate lower prices, hence there is overvaluation. We note that the adjudicating authority has clearly recorded the factual findings that no samples were drawn; no market enquiry was conducted to ascertain the PMV of the goods exported and investigation has also not revealed any overvaluation in respect of the past exports made by the exporter and that there are no contemporaneous export price of the same products. In our view, the findings recorded by the adjudicating authority are more factual than the findings recorded by the first appellate authority to set aside the Order-in-original. The impugned order does not reveal any reasoning for setting aside such a detailed order passed by the adjudicating authority, and hence set aside - appeal allowed - decided in favor of appellant.
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