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TMI Blog2018 (4) TMI 1048X X X X Extracts X X X X X X X X Extracts X X X X ..... goods. Therefore, in absence of any such details, it was not correct on the part of the adjudicating authority to come to a conclusion that the appellant has done the overvaluation of the export goods. The goods were not available for confiscation. In such case, neither confiscation should have been ordered nor redemption fine be imposed - penalty have to be reconsidered. Appeal allowed by w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d the market enquiry report. Therefore, the enhancement of the value of the export goods was done arbitrarily. He submits that the drawback amount claimed by the appellant is lower than the value of the export goods declared by the appellant. He also submits that the entire remittance against the export sale of the goods was received by the appellant which shows that there is no overvaluation of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... overvalued the readymade garments cleared for export with intention to avail the excess drawback claim. The entire case was made out on the basis of market enquiry. However, the market enquiry report was not provided to the appellant. Therefore, the entire proceeding is arbitrary and in clear violation of the principles of natural justice. Since the market enquiry report is not on record, it canno ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mposed by the adjudicating authority, we find that the goods were neither seized nor released provisionally on execution of bond and/or bank guarantee. Therefore, the goods were not available for confiscation. In such case, neither confiscation should have been ordered nor redemption fine be imposed. Therefore, we set aside the confiscation of the goods and redemption fine. As regards the penalty ..... X X X X Extracts X X X X X X X X Extracts X X X X
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