9911796707
TMI Blog2023 (4) TMI 1034X X X X Extracts X X X X X X X X Extracts X X X X ..... as stated by the adjudicating authority are that intelligence was received by the officers of Directorate of Revenue Intelligence (DRI) that export of sub-standard readymade garments (RMG) were being exported at ICD, Tughlakabad, New Delhi at highly overvalued price so as to fraudulently avail the benefit of duty drawback at the higher rate. The export consignments of the appellant vide shipping bill Nos. 6590914, 6590916, 6590922, 6590925, 6590978, 6590980 and 6590984 all dated 07.06.2017 were kept on hold at ICD, Tughlakabad, New Delhi. The examination of the consignments covered under the said shipping bills was conducted under the panchnama dated 27.07.2017 at ICD, Tughlakabad, New Delhi and representative samples of the export goods w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ills in question and the local market value of the goods was calculated by ascertaining the cost / value of these goods through manufacturer of RMG, Sh. Rohit Gupta of M/s Sura Impex Pvt. Ltd., and thereafter the expenses towards overhead and profit margin was added in the cost of manufacturing to arrive at the correct market value of the goods. Accordingly, show cause notice dated 20.12.2017 was issued to the appellant, rejecting the declared value and re-determining the value in terms of Rule 5 and 6 of the Rules, holding the goods liable for confiscation under Section 113(i), imposing redemption fine of Rs. 13,00,000/- under Section 125 of the Customs Act, restricting the drawback eligibility to the re-determined value of export goods. A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... peared on behalf of the appellant. It also appears from the record that the appellant had not submitted any reply to the show cause notice. However, learned Authorised Representative and also the Counsel for the appellant agreed that the matter could be remanded back to the adjudicating authority for denovo proceedings, so that the appellant gets an opportunity to cross-examine Sh. Rohit Gupta, and also submit the documents as called for by the Department. On the basis thereof, the adjudicating authority may re-consider the case granting due opportunity to both the sides. I agree to the suggestion as the same would serve the purpose in the interest of justice. 9. I accordingly, allow the present appeal by way of remand to the adjudicating ..... X X X X Extracts X X X X X X X X Extracts X X X X
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