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TMI Blog2020 (4) TMI 606X X X X Extracts X X X X X X X X Extracts X X X X ..... ourably on the sole ground that the same cannot be produced at the time of personal hearing of the matter. The Bank Realization Certificate submitted by the appellant proves the fact that the goods were exported and foreign currency to that extent was realized through the approved banking channel. Thus, under such circumstances and in view of the specific fact that the department has not produced ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... enquiry conducted on 03.06.2011, the department found that market value of cotton dyed fabric was ranging between ₹ 30-35/- per meter, as against the FOB value declared by the appellant. Accordingly, show cause proceedings were initiated against the appellant, which culminated into the adjudication order dated 25.11.2011, wherein the learned Additional Commissioner of Customs (Export), Nhav ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alized in actual through the approved banking channel and thus, the market enquiry report obtained by the department cannot alter the stand in respect of rejection of the declared value by the appellant. He further submitted that the cost sheet and other documents prepared by the appellant clearly show the actual FOB value, declared for the exported goods. Accordingly, it is stated on behalf of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... roved banking channel. Thus, under such circumstances and in view of the specific fact that the department has not produced any tangible evidence to show overvaluation of the goods, we are of the considered view that the adjudged demands confirmed on the appellant cannot be sustained. 6. Therefore, after setting aside the impugned order, we allow the appeal in favour of the appellant. (Dicta ..... X X X X Extracts X X X X X X X X Extracts X X X X
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