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TMI Blog2017 (6) TMI 259X X X X Extracts X X X X X X X X Extracts X X X X ..... led five shipping bills on 18.01.2013 for export of manmade fibres, polyster, knitted gents t-shirts and 65% cotton + 35% polyster boys shirts under claim of duty drawback. The total declared value of the goods was Rs. 1,93,5,006/-. 3. The officers of SIIB Branch suspected that the goods were overvalued and examined the goods on 29.01.2013. After drawing samples from the export consignment, market enquiries were conducted from two manufacturer exporters who opined that the export goods were overvalued to the extent of about 35%. The Department also obtained the opinion of the Chartered Engineer Shri R.K. Agarwal, who suggested that the goods were overvalued to the extent of about 45%. The goods were seized and subsequently released provisi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er the market enquiry reports or the opinion of the Chartered Engineer heard by them. The reduction in value has been effected as per the revised cost sheet submitted by Shri Rajesh Kumar. Accordingly, he submitted that the re-determination of value as well as restriction of drawback are squarely challenged by them. However, he argued that there is no justification for ordering confiscation of the export goods or imposition of penalties on the appellants. He further, submitted that the charge of over valuation is not sustainable in the light of the fact that the foreign customer had already paid the original declared amount to the appellant and in the absence of any allegation of receipt of extraneous consideration, the charge of overvaluat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or in the restriction imposed on the drawback. 10. The appellant has challenged the confiscation of the export goods under allegation of overvaluation under section 113(i) of the Customs Act 1962, as well as penalties imposed under section 114 as well as 114 (AA). On perusal of records, it is seen that the customer in the foreign country has accepted the declared value of the export goods and have also paid the declared amount to the appellant. There is nothing on record to indicate any other extraneous consideration. It is settled law that transaction value between the importer and exporter is required to be accepted normally. The conditions under which such transaction value can be rejected is also mentioned in the Customs Valuation Rul ..... X X X X Extracts X X X X X X X X Extracts X X X X
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