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2017 (8) TMI 876 - AT - CustomsValuation of exported goods - The value quoted by the informers in the market was used against the appellant and declared value of the goods meant for export was reduced for no reason - Held that: - Market enquiry was not the sole evidence used by Revenue in the adjudication to find mis-declaration of value of export and reduced the value of over-valued goods declared to Customs. Department found from market that the goods meant for exports were available in market at very low prices. That established overvaluation of exportable goods to secure undue benefit by appellant - Futile exercise was made by the appellant to challenge allegation without placing terms and condition of the job working and value of the exported goods. In absence of any basis, being provided by appellant to contradict enquiry result, appellant failed to prove its case. No cogent and credible evidence were led to prove that there was no mis-declaration of the value of the goods exported. In so far as the penalty on the three appellants are concerned, that is reduced from ₹ 4,00,000/- to ₹ 1,00,000/- each in proportion to the re-determined value of the impugned goods at ₹ 8,85,500/- for DEPB scraps as against declared FOB value of ₹ 29,38,320/-. Appeal allowed - decided partly in favor of appellant.
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