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2020 (4) TMI 803 - AT - CustomsConfiscation - Imposition of redemption fine and penalty - claim of drawback for export of ‘ready-made garments - Valuation of export goods - declaration of value for the purposes of exports - case of appellant is that the amount realized is the correct transaction value and that settled law holds that the market inquiry in India is not a valid substitute for a market inquiry in the country of destination - HELD THAT:- Even though the factum of goods being other than declared is not in dispute nothing has been brought to evidence that this was deliberate act. It is limited to a small portion of the consignment. Also, the consequence of misdeclaration is only ₹ 1,01,000/- and the difference drawback claimed and eligible drawback is mere 2%. The confiscation of goods and imposition of penalty does not appear to be appropriate - redemption fine and penalty set aside - appeal allowed.
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