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TMI Blog2023 (6) TMI 712X X X X Extracts X X X X X X X X Extracts X X X X ..... at the appellant had exported 100% Cotton Woven / Knitted T-Shirts under duty drawback scheme. It appears that the goods were presented for examination wherein it appeared to the Revenue that the appellant had declared higher transaction value and therefore, it appears that the samples were drawn and sent to the Valuation Committee, Customs House, Tuticorin, to re-determine the transaction value in terms of Rule 4 of the Customs Valuation (Determination of Value of Export Goods) Rules, 2007. 1.2 It appears from the record that the goods were allowed for export pending determination of the value of exported goods by the said Valuation Committee. 1.3 It appears that the Valuation Committee, which was comprising Additional Commissioner (Expo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e, according to the appellant, the re-valuation was done without rejecting, at the threshold, the value declared by it. 3. In the adjudication, the adjudicating authority, however, appears to have proceeded based on the valuation fixed by the Valuation Committee without rejecting the value declared by the appellant in accordance with the Customs Valuation Rules, 2007. The adjudicating authority vide Order-in-Original No. 237/2013 dated 22.01.2013 thus re-fixed the transaction value and thereby allowed the benefit of duty drawback to the extent of Rs.37,953/-, Rs.1,22,183/- and Rs.51,897/- in respect of Shipping Bill Nos. 2174188 dated 12.11.2009, 2183278 dated 04.12.2009 and 2250745 dated 16.04.2010 respectively. 4. Seriously aggrieved by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e, no such rule was ever followed. * The order so passed, re-fixing the valuation, is therefore opposed to the principle underlying the statutory mandate. * In terms of Section 14 of the Customs Act, 1962, transaction value would be the price actually paid or payable for the goods when exported from India and as per Rule 3 of the Customs Valuation Rules, the value of export goods shall be the transaction value. There is no dispute entertained by the Revenue as to the receipt of export consideration in foreign exchange; there is also no dispute by the Revenue that it was the case of related party transaction, nor is there any allegation that the price was not the sole consideration. * The Customs Valuation Rules, 2007 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... de a reasonable opportunity of being heard, before taking a final decision under sub-rule (1). Explanation. - (1) For the removal of doubts, it is hereby declared that - (i) This rule by itself does not provide a method for determination of value, it provides a mechanism and procedure for rejection of declared value in cases where there is reasonable doubt that the declared value does not represent the transaction value; where the declared value is rejected, the value shall be determined by proceeding sequentially in accordance with rules 4 to 6. (ii) The declared value shall be accepted where the proper officer is satisfied about the truth or accuracy of the declared value after the said enquiry in consultation with the expo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e, in addition to the price as aforesaid, any amount paid or payable for costs and services, including commissions and brokerage, engineering, design work, royalties and licence fees, costs of transportation to the place of importation, insurance, loading, unloading and handling charges to the extent and in the manner specified in the rules made in this behalf : Provided further that the rules made in this behalf may provide for,- (i) the circumstances in which the buyer and the seller shall be deemed to be related; (ii) the manner of determination of value in respect of goods when there is no sale, or the buyer and the seller are related, or price is not the sole consideration for the sale or in any other case; (iii) the manner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... scertained in such manner as the Board may direct, for the conversion of Indian currency into foreign currency or foreign currency into Indian currency; (b) "foreign currency" and ''Indian currency" have the meanings respectively assigned to them in clause (m) and clause (q) of section 2 of the Foreign Exchange Management Act, 1999 (42 of 1999).]" 11. We have considered the rival contentions and we have gone through the documents placed on record. 12.1 At the threshold, we do not see any justifiable reasons, in the first place, for the rejection of transaction value by the Revenue. When, admittedly, the transaction value is not rejected specifically, then it is for the Revenue to justify for not accepting the transaction value w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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