2000 (9) TMI 111 - AT - Customs

Summary

Issues:
1. Valuation of exported goods for the purpose of drawback
2. Alleged overvaluation of goods and demand for drawback confirmation
3. Substitution of consignee details on shipping bills and invoices

Analysis:

1. The appeals were filed against the Commissioner of Customs' order regarding the valuation of goods exported by three companies. The Commissioner found that the value of the goods was not inflated, and the correct drawback had been paid to the exporters, leading to the dropping of proceedings for recovery of the drawback.

2. The first ground of appeal was based on the alleged overvaluation of the exported goods, with the department claiming that the value shown in shipping bills and invoices was higher than the actual value as per inquiries by the Directorate of Revenue Intelligence (DRI) at Madras. However, the Commissioner considered various documents and concluded that the reports from DRI were not applicable to the goods exported, as they were based on different quality standards and not directly comparable.

3. Regarding the substitution of consignee details on shipping bills and invoices, the appellants argued that the goods were cleared in Moscow by a different firm than the one mentioned in the documents. The Commissioner acknowledged these discrepancies but found that there was no conclusive evidence of under-invoicing being accepted by the Customs authorities, especially since the under-invoicing was allegedly done by a third party purchaser and not the consignee.

4. The Tribunal noted that the value declared at Moscow should not impact the valuation of goods exported, especially considering the involvement of different entities in the alleged under-invoicing. Consequently, the grounds challenging the Commissioner's decision not to confiscate the goods or impose penalties on the exporters were deemed invalid, and the appeals were dismissed.