2002 (7) TMI 202 - AT - Customs

Summary

Issues involved: Determination of value of goods exported by M/s. Akshay Exports & Industries out of India.

Summary:
In the appeal before the Appellate Tribunal CEGAT, Kolkata, the issue revolved around the determination of the value of goods exported by M/s. Akshay Exports & Industries. The appellant contended that the Department had alleged overvaluation of the goods without providing any substantial evidence to support their claim. The appellant argued that the onus of proving mis-declaration in value rested with the Department and that the export invoice value could only be disproved by documentary evidence of contemporary export of similar goods at a lower price. The appellant also highlighted that the Revenue had relied solely on a statement without corroborating evidence to challenge the declared value. The appellant further emphasized that the statement in question was retracted the following day, indicating lack of voluntary admission. Ultimately, the Tribunal found that the Department failed to provide material evidence to support the charge of undervaluation, solely relying on a retracted statement, and thus set aside the impugned Order and allowed the appeal.

In response to the appellant's arguments, the Department contended that the case involved clear overvaluation of goods for the purpose of claiming a higher amount of drawback. The Department cited a statement by the appellant's authorized agent admitting overvaluation and requesting urgent adjudication of the case. The Department also mentioned that a deposit was made towards penal provisions based on the admission. However, the appellant explained that the statement and deposit were made to prevent potential losses if the shipment did not leave on the day of the hearing. Despite these arguments, the Tribunal noted the lack of substantial evidence or market enquiry supporting the Department's conclusion of overvaluation. The Tribunal highlighted the retraction of the statement by the authorized agent and the absence of material evidence to prove undervaluation, ultimately leading to the decision to set aside the impugned Order and allow the appeal.