2005 (5) TMI 379

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..... pondent. [Order per : S.L. Peeran, Member (J)]. The appellants have challenged the loading of the actual freight value instead of 20% of the FOB value in terms of Rule 9(2) of the Customs Valuation Rules. The learned Counsel submits that Rule 9(2) is very clear that only 20% of the FOB value is required to be added. She submits that there is no case for confiscating the goods and imposin .....

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..... Clause (a) is ascertainable, such cost shall not exceed twenty percent of free on board value of the goods . In the present case, the cost referred to in 2(a) is ascertainable. Therefore, the freight has to be restricted in terms of the proviso to 20% of Free on Board value of the goods. The appellant s Counsel also pointed out that there was a mistake in the invoice entry and the supplier had ex .....

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