2005 (5) TMI 379

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..... ndent. [Order per : S.L. Peeran, Member (J)]. - The appellants have challenged the loading of the actual freight value instead of 20% of the FOB value in terms of Rule 9(2) of the Customs Valuation Rules. The learned Counsel submits that Rule 9(2) is very clear that only 20% of the FOB value is required to be added. She submits that there is no case for confiscating the goods and imposing penal .....

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..... n Clause (a) is ascertainable, such cost shall not exceed twenty percent of free on board value of the goods". In the present case, the cost referred to in 2(a) is ascertainable. Therefore, the freight has to be restricted in terms of the proviso to 20% of Free on Board value of the goods. The appellant's Counsel also pointed out that there was a mistake in the invoice entry and the supplier had e .....

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