TMI Blog2015 (11) TMI 1456X X X X Extracts X X X X X X X X Extracts X X X X ..... ot in consonance of the law inasmuch as it is settled law that to determine value of goods sought to be exported, the provisions of Valuation Rules should be applied sequentially. To our mind, the appellant have a case in their favour as they have demonstrated that the goods which were exported were procured from a credible supplier whose name address and VAT number were available. In the absence of any contrary evidence, we hold that the transaction value as declared by the appellant for claiming duty drawback is the correct value. - impugned order which upholds the re-determination of the value of the goods for export is incorrect and is liable to be set aside - Decided in favour of assessee. - Appeal No. C/88977/14 - Final Order No. A/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... views of the adjudicating authority and rejected the appeal. 3. Learned Counsel appearing for the appellant would take us through the records of the case as also the impugned order. It is submission that the appellant had declared the value of ₹ 670/- while the value was re-determined by the lower authorities as ₹ 455/- per pair of the football gloves exported. It is the submission that the appellant had produced tax invoices under which the said gloves were purchased by them and draws our attention to the same. It is also the submission that the lower authorities have not considered this crucial evidence in correct perspective which is favouring the appellant. She would also draw our attention to the provisions of valuation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... epresentative while defending the re-determination of the value of export goods, is incorrect and is liable to be rejected for more than one reason. 8. Firstly, the lower authorities have not considered the fact that the appellant had from the beginning claimed that the football goalkeeper gloves were procured by them from local vendors under tax invoices, whose names were given to the lower authorities. We find that both the lower authorities have blindly recorded that the appellant did not produce the documents even after the market enquiry. On perusal of invoice number 01 and 02 of the supplier First campaign we find that the said invoices satisfies all the criteria of a invoice. The said invoice indicates the VAT registration number ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cessing of export goods, charges for design and an amount towards profit. In the case in hand, the revenue authorities though being made aware of the supplier of the goods which were exported, did not bother to check with the supplier to ascertain the correct value of the goods. In our considered view, jumping directly to provisions of Rule 6 of the Valuation Rules for ascertain value by residual method is not in consonance of the law inasmuch as it is settled law that to determine value of goods sought to be exported, the provisions of Valuation Rules should be applied sequentially. To our mind, the appellant have a case in their favour as they have demonstrated that the goods which were exported were procured from a credible supplier whos ..... X X X X Extracts X X X X X X X X Extracts X X X X
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