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2019 (2) TMI 972 - AT - CustomsValuation of imported goods - enhancement of value - Polyester Knitted Fabrics, PVC Quoted Fabrics, Flock Fabrics and 100% Non-Textured Lining Fabrics from China - the entire case of the Revenue is based upon the statement of the partner of the importers, which according to the learned Advocate stands retracted by them subsequently - Held that:- The allegations of under-valuation are required to be substantiated by the Revenue by production of positive evidences - In the present case, apart from recording the statement of the importer, there is not even an iota of evidence to reflect upon the factum of under-valuation. According to the learned Advocate, even such statement was retracted. The evidentiary value of such statement without there being any corroboration by other independent evidences has been the subject matter of various decisions of the judicial or quasi-judicial authorities and it stands held that the Revenue cannot entirely and solely rely upon the retracted statement, for upholding its view. In the absence of any evidence indicating that the value of the goods was actually on the higher side and there was excess payments to the foreign supplier, there are no justifiable reasons to uphold the impugned order - appeal allowed - decided in favor of appellant.
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