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TMI Blog2019 (1) TMI 621X X X X Extracts X X X X X X X X Extracts X X X X ..... rescribed norms. The only document on which the Revenue has placed reliance is the photocopy of the invoice presented by one of the overseas buyer M/s Saeed Al Mutorshi Ltd., wherein the value of the imported goods has been declared extremely low i.e. about ₹ 10/- per readymade garment - It is settled legal position that mere photocopy of the invoice received from overseas buyer/ importer is not sufficient to uphold that there is mis-declaration in value by the Indian seller/ Indian exporter - In the present case, there is no corroborative evidence to suggest the overvaluation of the export goods. There is no corroborative evidence to establish the allegation of overvaluation, whereas there is overwhelming evidence produced by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... DRI is based on one bill of import/ Entry filed by the foreign importer - M/s Saeed Al Mutorshi Ltd., with the Dubai Customs. It was further alleged that the appellant might have overvalued the readymade garments in the similar manner in respect of the other three consignments exported to M/s. Lolhuah Al-Amiah. On the said basis, show cause notice dated 31.03.2004 was issued to the appellant to deny the duty drawback and to impose penalty under Section 114 of the Customs Act. The said allegation of overvaluation were confirmed by the adjudicating authority vide the impugned order whereby the duty drawback of ₹ 25,77,355/- has been denied and a penalty of ₹ 10,00,000/- has been imposed. 4. Mr. S. C. Jain, the ld. Advocate on b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ough banking channels; that it is totally absurd to suggest that the value of the readymade garments (Ladies suits or denim pants in the present case) can be of ₹ 10/-, as even a small hanky may not available at this rate in the market; that there is absolutely no evidence available with the department to establish the allegation of the overvaluation apart from the said, so called invoice filed by the importer in his country, whereas the appellant has furnished voluminous evidence establishing that the value of ₹ 360/- approximately for each readymade garment is quite logical, reasonable and proven by the various factors like receipt of payment, making the payment to the fabricators, examination of export goods by customs, non-p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eceived from overseas buyer/ importer is not sufficient to uphold that there is mis-declaration in value by the Indian seller/ Indian exporter. In the following cases, it has been held that mere copy of the invoices is not sufficient to uphold the charge of overvaluation / undervaluation unless it is corroborated with material particulars. 1. Collector of Customs, Bombay Vs. East Punjab Traders - 1997 (89) ELT 11 (SC). 2. Taito Watch Manufacturing Inds. Vs. CC, Jaipur 2004 (173) ELT 17 (Tri. Del.) 3. CC, Amritsar Vs. Kalsi Machinery Company (P) Ltd. - 2011 (264) ELT 318 (Tri. Del.) In the present case, there is no corroborative evidence to suggest the overvaluation of the export goods. So, the ratio of the above cases ..... X X X X Extracts X X X X X X X X Extracts X X X X
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