TMI Blog2007 (1) TMI 384X X X X Extracts X X X X X X X X Extracts X X X X ..... . REPRESENTED BY : S/Shri R.K. Chaudhury, Advocate assisted by B.N. Pal, Advocate, for the Appellant. Shri A. Hore, JDR, for the Respondent. [Order per : C.N.B. Nair, Member (T)]. Heard both sides and perused the record. 2. The applicant, M/s. Anuj International Private Ltd., Kolkata filed shipping bills and produced a consignment of 100% cotton-knitted T-Shirts for export to R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not more than Rs. 35/- per piece . During investigation, the supplier of the goods also stated that the market value would be around Rs. 50/- per piece. Based on these and other evidence, the Customs Authorities issued a show cause notice alleging misdeclaration of value with intent to claim drawback in excess of what is due. 4. The applicant did not reply to the show cause notice; but in a pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ss Consultancy Services Pvt. Ltd. v. C.C. (Port), Kolkata reported in 2002 (143) E.L.T. 176 (Tri.-Kolkata), that present market value is not to be determined based on cost of production. There is also a submission that since the goods have already been exported and value realized, proceedings are not warranted. 6. We are not able to accept the contention of the applicant, M/s. Anuj Internation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n. It is also well-settled that realization of payment from abroad is irrelevant to the question of overvaluation. 7. In the above factual and legal situation, we do not find this to be a fit case for granting waiver of pre-deposit of the penalty imposed on the applicant/exporter, M/s. Anuj International. They are, therefore, directed to make a pre-deposit of the penalty amount as ordered in the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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