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2020 (5) TMI 10 - AT - CustomsExport of Carpets - generation of wrong documents, due to defects in software - mis-description of value as well as quantity of goods - confiscation - redemption fine - Levy of Penalty on CHA u/s 114 (iii) of the Customs Act, 1962 - HELD THAT:- The appellant on being pointed out by the CHA immediately placed the correct document before Customs Authority on the same very date. In such set of circumstances, no mala fide can be attributed to the assessee so as to confiscate the export consignment or to impose penalty upon them - also, the second set filed by the appellants correctly covered all the aspects of the export consignment including the quantity, quality description and value etc. - confiscation set aside. Valuation of goods - HELD THAT:- The Commissioner has gone by the market inquiries which fact by itself cannot be held to be sufficient to reject the value of the exported goods. It is worth noticing that the appellant has placed on record BRC’s indicating and evidencing the total realization of the exported goods. The said fact has not been disputed by the Adjudicating Authority. In this scenario, the value of the goods cannot be doubted and the declared value has to be accepted. Appeal allowed - decided in favor of appellant.
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