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TMI Blog2006 (2) TMI 462X X X X Extracts X X X X X X X X Extracts X X X X ..... 9 of the DEPB schedule. The Shipping Bills were referred to SIB from Group VII for verification of value as it was suspected that the invoice submitted along with the Shipping Bills did not represent the correct FOB value. The Revenue has got the goods tested at M/s. South India Textile Research Association (SITRA), Coimbatore. In their report, they have stated that the cost of manufacturing the said garments would not exceed Rs. 40/-CIU, Coimbatore also informed that this value was on the basis of market survey. The statement of Shri Sanjay Babu, Manager of M/s. Abhishek Exports, was also recorded. After due enquiries and investigations, the appellants were proceeded against for revocation of the FOB value of the goods covered by the two s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by the noticee. He further refers to ruling of the Bombay Tribunal in the case of Sir Kasturchand Pvt. Ltd. v. CC (Export Promotion), Mumbai - 2001 (131) E.L.T. 269 (T) = 2001 (43) RLT 638 (CEGAT-Mum.) wherein it has been held that declared FOB value is required to be accepted for purposes of drawback and further held that over valuation had not been established by the Revenue. He refers to another order of the Tribunal in Time Masters v. CC (Exports), Mumbai - 2000 (124) E.L.T. 882 (T)=2000 (38) RLT 332 (CEGAT) wherein also the enhancement of value has been set aside on the ground that Revenue did not bring any material or evidence of over valuation. He contends that the SITRA cannot fix valuation of the goods and the main purpose of SIT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f market enquiry has not been brought out in the report of the SITRA. A comparison of the goods with the ones available in the market has also not been brought out. Further SITRA is not competent authority to undertake this activity of finding out the market value. Therefore, the report of the SITRA fixing the rate at market value cannot be accepted. Furthermore, the SITRA had fixed the value at Rs. 40/- per piece. On what basis the Commissioner has fixed the value at Rs. 50/- per piece is also not known. Although an explanation is coming forth in Para 9 but that was not put forth to the assessee by issue of Show Cause Notice. In the light of all the judgments, the FOB value is required to be accepted. Since we have not accepted the SITRA r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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