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2017 (1) TMI 410 - AT - CustomsDuty drawback - overvaluation of export of Woven Powerloom Men's Shirt readymade garments - FOB price as declared by appellant - Held that: - Any price other than the sale price can be resorted only in a case where the export price has been proved to be a wrong price based on certain evidence. In the present case, as regard the declared export price i.e. ₹ 530.42. There is also not a whisper that any money laundering is involved due to alleged over valuation of the export goods - It is also observed that since the export in the present case is regulated under a policy wherein a export quota is fixed for USA under which the entire detail of the export has to be disclosed to the concerned authority for obtaining the quota. For this reason also the declared price of the export cannot be doubted. Board's Circular No. 74/2009-Cus. dt. 7.9.2009 clarifies that the market enquiry is not proper in routine and the same can be resorted only where the enquiry yield money multiples of the PMV - In the present case, even the cost price arrived by the adjudicating authority is not substantially low, therefore the market enquiry was also not warranted. No material placed on record by the Revenue to suspect export price of the appellants and also the export is to non sensitive country i.e. USA. Therefore as per the guidelines Circular dt. 7.12.2001 there was no reason to suspect the declared export price of the appellants. The FOB price declared by the appellants are correct - appeal allowed - decided in favor of appellant.
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