TMI Blog2014 (3) TMI 823X X X X Extracts X X X X X X X X Extracts X X X X ..... 14-11-2002 - Held that:- burden to prove the allegation of overvaluation is clearly on the department. Mere non-receipt of money from the buyer partly or fully cannot be the basis to conclude overvaluation. We have not been shown any other evidence in support of their overvaluation. The records do not indicate that the merchant exporter has been paid any rebate - credit taken by the applicant rel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s initially paid a sum of Rs. 68,43,224/- as duty through PLA and subsequently, taken as self-credit and utilised the same for payment of duty on subsequent clearances. The department alleges massive overvaluation of the goods cleared by the applicant on the ground that after clearance, they have received only a sum of Rs. 5 lakhs from the merchant-exporter. As a result of overvaluation, it has be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... here was overvaluation. He also submits that at any rate, whatever paid in PLA only has been taken as refund and therefore, they have not availed any extra benefit. 3. The learned Jt. CDR submits that this is a clear case of overvaluation of the product with a view to avail excess refund. He therefore, seeks an order of pre-deposit. He also submits that as per record, they have received only Rs. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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