2014 (10) TMI 630 - AT - Customs

Valuation of goods - Basis of valuation is purchase order value - Held that - There is no cogent evidence on record establishing the allegation of unjust enrichment, since no value was paid by appellant against short supplied item for which passing of duty burden for unpaid amount is inconceivable. Allegation of Revenue not being based on evidence - Decided in favour of assessee.

Summary

The Appellate Tribunal CESTAT BANGALORE ruled in favor of the appellant as there was no evidence of unjust enrichment regarding short-supplied goods. The duty of custom should be levied based on the invoice value reflecting the correct quantity supplied by the exporter, not the purchase order value. The appeal was allowed due to lack of evidence supporting the Revenue's allegation.